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Friday 11 March 2016 Development Panel Will meet on Tuesday 22 March 2016 at 1.00 pm in Council Chamber - Allerdale House

Membership:

Councillor Peter Bales (Chairman)

Councillor Carole Armstrong Councillor Nicky Cockburn Councillor Adrian Davis-Johnston Councillor Janet Farebrother Councillor Malcolm Grainger Councillor Margaret Jackson Councillor Mark Jenkinson Councillor Billy Miskelly Councillor Ron Munby Councillor Jim Osborn Councillor Bill Pegram

Members of the public are welcome to attend the meeting. If you have any questions or queries contact Dean Devine on 01900 702556.

The following site visits will take place:

2/2015/0620: Development of a Solar Farm with Ancillary Infrastructure - Proposed Solar Farm, Land West of Westnewton, Cumbria

2/2016/0044: Retrospective Application for the Erection of an Unlocked Gate at New Street Leading Onto Housing Estate - Resubmission, Former Gas Holder Site, New Street, Cockermouth

2/2016/0046: Retrospective Application for the Erection of an Unlocked Gate at Derwent Street Leading Onto Housing Estate - Resubmission, Former Highways Depot, Derwent Street, Cockermouth

2/2016/0023: Erection of Detached House (Resubmission of 2/2015/0466) - Land Adjacent to Westnewton Hall, Westnewton, Aspatria 2/2016/0001: Alteration and Extension to Form Additional Bedroom, Bathroom and Study/Office - 49, The Mount, Papcastle, Cockermouth

Members of the Development Panel will be picked up from Allerdale House, Workington and the bus will leave at 9.00 am prompt. Agenda

1. Apologies for Absence 2. Declaration of Interests Councillors/Staff to give notice of any disclosable pecuniary interest, other registrable interest or any other interest and the nature of that interest relating to any item on the agenda in accordance with the adopted Code of Conduct. 3. Questions To answer questions from members of the public – submitted in writing or by electronic mail no later than 5.00pm, 2 working days before the meeting. 4. 2/2015/0620: Development of a Solar Farm with Ancillary Infrastructure - Proposed Solar Farm, Land West of Westnewton, Cumbria (Pages 1 - 34) 5. 2/2016/0044: Retrospective Application for the Erection of an Unlocked Gate at New Street Leading Onto Housing Estate - Resubmission, Former Gas Holder Site, New Street, Cockermouth (Pages 35 - 40) 6. 2/2016/0046: Retrospective Application for the Erection of an Unlocked Gate at Derwent Street Leading Onto Housing Estate - Resubmission, Former Highways Depot, Derwent Street, Cockermouth (Pages 41 - 46) 7. 2/2016/0001: Alteration and Extension to Form Additional Bedroom, Bathroom and Study/Office - 49, The Mount, Papcastle, Cockermouth (Pages 47 - 54) 8. 2/2015/0654: New Dwelling - Land at Dearham Row, Dearham, Maryport (Pages 55 - 64) 9. 2/2015/0761: Demolition of Existing Dwelling and Workshops and Erection of Two Detached Dwellings - Fair View, Winscales, Workington (Pages 65 - 74) 10. 2/2016/0023: Erection of Detached House (Resubmission of 2/2015/0466) - Land Adjacent to Westnewton Hall, Westnewton, Aspatria (Pages 75 - 86)

Chief Executive

Date of Next Meeting Tuesday 12 April 2016 at 1.00 pm Council Chamber - Allerdale House

This page is intentionally left blank Agenda Item 4

Allerdale Borough Council Planning Application 2/2015/0620

Proposed Development of a Solar Farm with ancillary infrastructure Development: Location: Proposed Solar Farm Land West of Westnewton Recommendation: REFUSE

Summary/Key Issues

Issue Conclusion

Amenity of local The proposed is unlikely to have a significant adverse impact on residents residential amenity in terms of construction. Visual impact and It is considered the likely effects of the solar farm development impact on the have been under-assessed by the applicant. The proposed solar surrounding farm would lead to some significant adverse effects on local rural landscape character, both within the site and in the surrounding local area. This would be due to the extensive industrial character and appearance of the solar farm which would be in marked contrast to the ‘natural’ and largely undeveloped qualities of the surrounding agricultural landscape. Proposals for planting excessive numbers of field hedgerow trees would also be out of keeping with local character. There would also be changes in existing views of the landscape, including views towards the Solway Coast AONB that would adversely affect the visual amenity of some local residents and visitors using local roads and rights-of-way. Assessment of The solar farm proposed would inevitably add to the existing Cumulative energy infrastructure features in the local landscape. In the Effects absence of an appropriate cumulative study officers are unable to determine what aspect the proposed solar farm will have on the local landscape in terms of cumulative impact. Access and The existing access points will be utilised (with alteration) to enter operational the solar farm. The detail within the Construction Management requirements Traffic Plan which includes the use of a Banksman to assist with manoeuvring is considered acceptable and the proposal will not result in an unacceptable impact on the highway conditions.

The site will be linked to a substation at Aspatria. Impact on nature The applicant has adequately addressed the ecology issues conservation sites associated with the development and officers consider the and species proposal will not have an unacceptable impact on ecological issues.

Page 1 Impact on heritage An Archaeology & Cultural Heritage assessment has been assets and their submitted and the archaeological issues can be dealt with by setting condition. The applicant has adequately addressed the heritage assets potentially impacted by the development and officers consider the proposal will not have an unacceptable impact on any of these assets. Temporary loss of Officers consider the applicant has not provided a clear justification BMV agricultural for the loss of best and most versatile agricultural land. land Potential benefits The site enables significant benefits in terms of generating electricity and cutting climate change emissions. Decommissioning The site will be decommissioned after 25 years. The restoration of the site will be the subject of a planning condition. Flood Risk An acceptable flood risk/surface water management plan has been proposed for the site.

Proposal

The application seeks permission for a series of ground mounted solar arrays (angled at 25 degrees and with a finished height of circa 3m) incorporating approximately 33,216 solar panels arranged in rows running east to west across the site and spaced 8m apart (from the back of one bank to the front of the panel running parallel to it). The panels would be made from toughened glass with a matt finish.

The site also includes 2 inverter and transformer buildings painted olive green, one station (6.96m long x 2.56m wide x 3.45m high) in the northern field and another larger station (11.66m long x 2.56m wide x 3.45m high) in the southern field. A substation/DNO switchgear building (6.5m x 2.5m wide by 3.3m high) also in olive green, is to be located in the south-east corner of the site, close to the public highway within a concrete access and parking area. Security fencing to a height of 2.3m is proposed around the site with CCTV camera supports at a height of 2.5m upon which CCTV units will be installed at 50m intervals along the fence line

Associated parking and maintenance area is to be located in the south east corner of the site with three new gated site entrances created and internal site access roads. Underground electrical cabling will be carried out connecting the arrays with the inverters.

The permission is requested for a temporary period of 25 years, during which time the applicant advises the site will continue to be used for sheep grazing before being fully returned to agricultural use following the removal of the solar modules.

The proposal includes the development of a 5MW Solar Park (for export to the local grid, in this case the existing sub-station in Aspatria). The applicant states that the proposed development will generate enough energy to power approximately 1,041 homes and will reduce the amount of CO2 produced when compared to fossil fuels by approximately 1,451 tonnes per annum.

Page 2 The proposed solar panels are designed to convert light into electrical current and rely on daylight rather than sunlight. The direct current (DC) generated is then converted to alternating current (AC) by invertors and the AC energy is transferred to the grid network via a substation.

Site

The Solar Farm is to be located on farmland 0.85km to the west of the village of Westnewton, 3km north-west of Aspatria and 3.7km east of Allonby on the coast. The closest individual properties to the site are Westgarth 350m to the east, Newton Outfield Farm 400m to the west, Lord’s Close 550m to the west and Aiglegill Farm 900m to the south.

The application site covers a total area of 13.65 hectares. The solar farm proposal would be located within two rectilinear fields of grazing farmland that are orientated NNW – SSE in the landscape. They lie surrounded by other agricultural fields on the north side of a minor road (C2002) that leads between Westnewton and Allonby. A farm access track runs northward from the minor road parallel to but outside the eastern boundary of the field, but remains in the same ownership.

The perimeters of the two fields are bounded by intermittent and tree-less hedges, generally on hedgebanks (known locally as kests) and with an overall height of approximately 1.5m – 3m. The hedges qualify as UK BAP priority habitats. The two fields are also separated by a further internal hedge on a hedgebank. This internal hedge sits on a low crest in the gently undulating topography, from which the northern field slopes down to the north (from approx. 24.5 AOD to approx. 21m AOD at the southern end of the field adjacent to the minor road). The southern field has more complex undulating topography with a high point of approximately 27.9m AOD in the central-western part of the field and gradients of up to 1:12.

There are two existing access points from the minor road into the southern field; one lies in the South East corner of the field, the other is located centrally along the frontage. Each access point is a field gateway with traditional sandstone gate stoops and a field gate. On the south side of the road, opposite the south-west corner of the southern field, is a line of trees established in the roadside hedge.

The site has been classified as being of 50/50 agricultural land quality 3a and 3b.

Relevant Policies

National Planning Policy Framework

Building a strong, competitive economy Supporting a properous rural economy Meeting the challenge of climate change, flooding and coastal change Conserving and enhancing the natural environment Conserving and enhancing the historic environment Requiring good design

Page 3 Planning Practice Guidance – Particular planning considerations relating to large scale ground-mounted solar photovoltatic farms.

The Planning Practice Guidance advises that the deployment of large-scale solar farms can have a negative impact on the rural environment, particularly in undulating landscapes. However, the visual impact of a well-planned and well-screened solar farm can be properly addressed within the landscape if planned sensitively.

Particular factors a local planning authority will need to consider include:

 encouraging the effective use of land by focussing large scale solar farms on previously developed and non agricultural land, provided that it is not of high environmental value;  where a proposal involves greenfield land, whether (i) the proposed use of any agricultural land has been shown to be necessary and poorer quality land has been used in preference to higher quality land; and (ii) the proposal allows for continued agricultural use where applicable and/or encourages biodiversity improvements around arrays. (See also a speech by the Minister for Energy and Climate Change, the Rt Hon Gregory Barker MP, to the solar PV industry on 25 April 2013 and Written Ministerial Statement – Solar energy: protecting the local and global environment – made on 25 March 2015).  that solar farms are normally temporary structures and planning conditions can be used to ensure that the installations are removed when no longer in use and the land is restored to its previous use;  the proposal’s visual impact, the effect on landscape of glint and glare (see guidance on landscape assessment) and on neighbouring uses and aircraft safety;  the extent to which there may be additional impacts if solar arrays follow the daily movement of the sun;  the need for, and impact of, security measures such as lights and fencing;  great care should be taken to ensure heritage assets are conserved in a manner appropriate to their significance, including the impact of proposals on views important to their setting. As the significance of a heritage asset derives not only from its physical presence, but also from its setting, careful consideration should be given to the impact of large scale solar farms on such assets. Depending on their scale, design and prominence, a large scale solar farm within the setting of a heritage asset may cause substantial harm to the significance of the asset;  the potential to mitigate landscape and visual impacts through, for example, screening with native hedges;  the energy generating potential, which can vary for a number of reasons including, latitude and aspect.

The approach to assessing cumulative landscape and visual impact of large scale solar farms is likely to be the same as assessing the impact of wind turbines. However, in the case of ground-mounted solar panels it should be noted that with effective screening and appropriate land topography the area of a zone of visual influence could be zero.

Allerdale Local Plan (Part 1) July 2014

Policy S1 Presumption in favour of sustainable development Policy S2 Sustainable development principles

Page 4 Policy S3 Spatial Strategy and Growth Policy S4 Design principles Policy S5 Development Principles Policy S14 Rural Economy Policy S19 Renewable Energy and Low Carbon Technologies Policy S22 Transport Principles Policy S24 Green Infrastructure Policy S27 Heritage Assets Policy S28 Hadrian’s Wall World Heritage Site Policy S29 Flood Risk and Surface Water Drainage Policy S30 Reuse of Land Policy S32 Safeguarding amenity Policy S33 Landscape Policy S34 Development in the Solway Coast Area of Outstanding Natural Beauty Policy S35 Protecting and enhancing biodiversity and geodiversity Policy DM5 Farm Diversification Policy DM12 Sustainable Construction Policy DM14 Standards of Good Design Policy DM17 Trees, hedgerows and woodland

Relevant Planning History

SCR/2015/0042 EIA Screening Opinion for Solar Park – EIA not required.

Representations

Westnewton Parish Council – Object on the following grounds:

1. The Energy and Climate Change Minister Greg Barker has already made the Government's position perfectly clear when he said that he does not want large scale solar "to become the new onshore wind" and that its focus should be on brown- field, domestic and industrial roofs and NOT on green-field sites in the country!

2. Yet on such a green-field site at a mere 600 metres west of Westnewton this proposed solar installation would combine with the existing solar installation at Pasture Farm, which is located at a similar distance to the east of the village, creating the effect of inappropriately sandwiching Westnewton between two very large industrial generating plants, both of which are completely unsuited to this rural area.

3. Westnewton is already blighted by the existing wind farm spreading right across the village's southern skyline, an outlook which in due course will inevitably be further disfigured by the projected new line of giant pylons and power lines intended to carry power through the District. Therefore this newly proposed, and completely unnecessary solar farm would simply present yet another uglifying influence on this attractive village and its approaches.

Bothel and Threapland Parish Council – Object on visual impact on the surrounding area and cumulative effect due to being in close proximity to the existing solar farm in Westnewton.

Page 5 Allhallows Parish Council – Object to the proposal on grounds of cumulative effect as there is already another solar farm nearby and the detrimental visual effect that the proposal would have on the AONB as viewed from Aspatria and the surrounding area.

County Archaeologist – The applicant has helpfully commissioned an archaeological geophysical survey of the site, in line with advice I provided in earlier correspondence. The results of the survey indicate that archaeological assets of possible prehistoric agricultural remains and field systems survive in one part of the site and that they will be disturbed by the construction of the proposed development. These remains are considered to be of local significance.

I therefore recommend that, in the event planning consent is granted, the possible archaeological assets are archaeologically investigated and recorded prior to the development commencing. I advise that this work can be commissioned and undertaken at the expense of the developer and can be secured through the inclusion of a condition in any planning consent.

Historic England – Having considered the details of the application, we do not believe that this proposal would impact directly on any archaeological remains from the Hadrian’s Wall World Heritage Site. In addition, although potentially visible from the World Heritage Site we do not believe that it would harm the ability to appreciate and understand Roman military planning and land use. In light of this, we do not believe that this proposal would harm the setting of the World Heritage Site. Similarly, although potentially visible from Westnewton Castle, we do not believe that the setting of this scheduled monument would be harmed by the proposed development. ' Environmental Health - No objections in principle subject to the inclusion of a condition requiring a Construction Method Statement to be submitted.

Cumbria Highways – No objections. In normal circumstances we would request a speed survey be undertaken at this location to establish the 85%iles. However as the current access is to be implemented the annual increase in site traffic once constructed is minimal we would be happy to accept this newly proposed access point.

The existing open farm track access from the public highway shall not be used by any site traffic during the operational phase.

CCC Local Lead Flood Authority – I am happy that the amended surface water strategy dated 27/01/2016 would negate the surface water implications of the development.

Natural England – The Habitat Regulations Assessment concludes that the proposal can be screened out from further stages of assessment because significant effects are unlikely to occur, either alone or in combination. On the basis of information provided (see below), Natural England concurs with this view.

Records obtained from the Cumbria Biological Records Centre (CBRC) and the Cumbria Bird Club, and vantage point counts undertaken for the Environmental Statement for the nearby constructed Westnewton Wind Farm (BEDL, 2008) demonstrate that the site is not used by significant numbers of SPA birds. Discussion with the Natural England site

Page 6 lead concurs with this view. Natural England therefore agrees that the lack of records obtained for the desk study is due to a lack of birds utilising the site rather than a lack of recording in the area.

Therefore Natural England agrees with the conclusion of no Likely Significant Effect on the Upper Solway Flats and Marshes European site.

Natural England is satisfied that the proposed development being carried out in strict accordance with the details of the application, as submitted, will not damage or destroy the interest features for which the Upper Solway Flats and Marshes Site of Special Scientific Interest (SSSI) has been notified. We therefore advise your authority that this SSSI does not represent a constraint in determining this application.

Solway Coast Area of Outstanding Natural Beauty (AONB) – Looking at the application this proposal may not visually impinge on the AONB itself but may lead to a change in the landscape character of this area. In its construction, there will be a noticed effect on increased transport on the minor roads leading to the application area.

Environment Agency – The Environment Agency has no comment to make on the application for the following reason - It is not listed in the ‘When to consult EA’ doc or in the DMPO/GDPO.

Cumbria Wildlife Trust – No reply to date.

United Utilities – No objections to the proposal and therefore request no conditions are attached to any approval.

The application has been advertised on site in the local paper. Neighbouring properties have been notified.

There has been 5 letters of support outlining the benefits of the development.

A letter of objection has been received from Westnewton Action Group. Their objections relate too:

 The Governments 2020 renewable targets have already been met.  The development would see the use of grade 3a and 3b agricultural land, which partly comprises the Best and Most versatile land.  The industrial solar farm will have a detrimental impact on the character of the surrounding area.  The standard radius for the study area should consider the characteristics of the wider landscape (such as the AONB) rather than be limited to 3km.  Cumulative impact should be fully assessed taking into account the nearby wind turbines at Brownrigg Hall Farm and the 3 large turbines immediately opposite the site.  Consider insufficient viewpoints have been submitted with the application to fully assess the landscape impact surrounding the site.  The submitted LVIA states it will take 15 years for the appropriate screening vegetation to adequately establish itself which will have allowed for 60% of the

Page 7 claimed lifetime of the project during which time the adverse effects would present a constant visual impact.  Run-off from the solar panels could lead to flooding problems elsewhere. Westnewton already suffers from major surface water flooding issues.

A letter of objection has been received from FORCE. They are concerned with the number of renewable energy schemes already surrounding this small village of Westnewton and consider a further solar farm will result in an overall adverse change to its character and sense of place.

27 further letters of objection have been received on the following grounds:

 Please do not continue to industrialise rural areas.  The development, with its industrial, nay military style security fences and CCTV towers is totally incongruous in what is a wholly agricultural environment.  The grazing under the solar panels will be poor and will effectively take a large tranche of quality agricultural land out of production for 25 years.  Visual intrusion.  The proposal would offer little or no benefit to the local economy.  Cumulative effects of renewable energy development on the surrounding area  Loss of good agricultural land.

There has been a further objection to the application by Rory Stewart MP that highlights that he fully supports the constituent’s objections and the proposal is directly against the expressed interests of many in the local community. This is their landscape and their community and they should be able to determine the future and nature of their locality.

As with the erection of wind turbines fears that their construction will have a deep and long term negative impact on the economy of Cumbria.

There are potential effects on tourism which is directly dependant on the local landscape. Concerns that decommissioned solar sites are classed as brownfield land and not restored to agriculture.

Main Issues:

Planning Policy

Both the National Planning Policy Framework (NPPF) and Policy S1 of the Allerdale Local Plan (Part 1) provide a presumption in favour of sustainable development. Policy S1 states that the Council will always work proactively with applicants jointly to find solutions which mean that proposals can be approved wherever possible, and to secure development that improves the economic, social and environmental conditions in the area.

The NPPF and the Allerdale Local Plan (Part 1) are broadly supportive of proposals for renewable energy development. The need to meet national targets for the generation of electricity and heat from renewable and low carbon sources is recognised as are the wider environmental, community and economic benefits of such development.

Page 8 Having regard to the overriding presumption in favour of sustainable development, the NPPF (paragraph 98) and Allerdale Local Plan (Policy S19) state that planning applications for developments that generate renewable and low carbon energy should be approved if its impacts are, or can be made, acceptable.

To assist in the assessment of the likely impacts of development Local Plan Policy S19 sets out clear criteria for the consideration of proposals for renewable energy development. The criteria most relevant to the consideration of this application are considered below along with other relevant planning policy considerations.

Layout of site

The panels themselves shall be mounted on aluminium at a maximum height of approximately 3m from ground level, with a tilt angle of approximately 25 degrees. The panels will be laid out in rows running east west across the site, orientated to face south in rows 8m apart.

The panels are designed to be non-reflective and are locate away from areas of heavy shade in order to maximise efficiency of light absorption. The panels selected for this development are black with no contrasting edges.

The rows are mounted by several piles/posts that will be driven into the ground (to a maximum depth of approximately 1.5m using appropriate equipment), one in the front and one in the back, The spacing of these piles along the rows will vary according to soil condition and wind load. On average the outer 15m of the rows will be supported by piles every 3m and the rest every 4m. Concrete foundation will not be used.

The ancillary buildings (i.e. the two inverter cabins, the switchgear unit and the substation/DNO building) will be finished in olive green to ensure the proposal is in keeping with the rural/agricultural setting.

Amenity of local residents

Policies S19 and S32 set out a number of factors to be taken into account in considering whether the proposed development will have an unacceptable adverse impact on residential amenity, these include air quality, noise, odour, dust, vibration, and water pollution.

It is considered that the proposed solar farm is unlikely to have a significant impact on residential amenity. There may be some short terms impacts during construction works but the impact of this can be mitigated by the implementation of the Construction Method statement.

In terms of operational impacts these are likely to be limited. The only operational noise relates to the cooling and air extraction fans within the invertors. These only operate during daylight hours when electricity is being generated but can create a low hum when in operation. Given the distance from neighbouring residential properties in the surrounding area and the background noise resulting from traffic it is considered that this will not have an unacceptable impact on residential amenity.

Page 9 Environmental Health Officers have assessed the proposal and raise no objections subject to the developer adhering with the Construction Method Statement.

With regard to glint and glare, manufacturers use anti-reflective coating in the glass as the greater the amount of light that can be captured at the photovoltaic cell the greater amount of electricity can be produced. Furthermore, existing trees and hedgerows and any proposed planting will screen the site and limit the potential for glare.

Concerning the visual impact on residential receptors the closest individual properties to the site are Westgarth approximately 350m to the east, Newton Outfield Farm approximately 400m to the west, ‘Lord’s Close’ approximately 550m to the west and Aiglegill Farm approximately 900m to the south.

The LVIA has assessed 5 residential properties around the site and the village of Hayton. The LVIA considers Westgarth located east of the site “where the development is visible in views north-west over the rolling lowland farmland, it would introduce an increased amount of development to the agricultural landscape. The solar park would cause a Negligible adverse change to the views from the property that are generally focused to the north and south. This would result in a Minor adverse effect upon the High Sensitivity receptors”.

“Visual receptors in the residential property of Newton-out-Field would witness a marginal change to views east over the undulating fields and hedgerows on the intervening land as a result of the proposed development. The solar park would not dominate views over the agricultural landscape in the wide vistas as much of it would be screened from view by the intervening hedgerows and topography that screens views of the Application Site currently. However, where it is visible, it would be a recognisable element where it is visible. The proposed development would not interrupt any key views but would increase the amount of development visible in the rural landscape. The solar park would cause a small adverse change. To views east, resulting in a moderate adverse change to views from the High sensitivity receptors”.

“The solar park would be partially visible through and over the foreground vegetation for visual receptors at the residential properties of New Cowper. The proposed development would be seen as part of the wide vistas to the south that is available from the elevated location and although recognisable in the agricultural landscape, would not form a dominant feature in views. The solar park would be situated well below the skyline and would not interrupt any key views. The proposed development would cause a small adverse change to the large scale views south, where wind turbines are large visible structures. This would result in a moderate adverse effect upon the High sensitivity receptors.”

“Visual receptors within properties on the edge of the residential settlement of Hayton would have some partial views of the proposed development in views over the agricultural fields to the north. The solar park would form a barely perceptible element in views from this distance. The long and wide vistas available from some parts of the elevated settlement would include partial views of the proposed solar park but it would not form a noticeable or recognisable element in views. The solar park would cause a Negligible adverse change to views from the High sensitivity receptors, resulting in a

Page 10 Minor adverse effect.”

The LVIA shows Anvil House 700m to the east and Lords Close 550m to the west of the application site would not witness any change to views.

The visual impact of the proposed development including glint and glare is considered in full detail below.

Visual impact and impact on the surrounding landscape

The context in which the Westnewton Solar Farm is proposed is an important consideration. It lies outside of any nationally designated landscape; the closest such area is the Solway Coast AONB 2.2km to the west. Although not formally protected, the local landscape has a relatively undeveloped rural character, notwithstanding the influence of small scattered settlements and farms and the presence nearby of renewable energy infrastructure, notably the 3 wind turbines of the Westnewton windfarm 1.1km to the south-east, two further single turbines at Brownrigg Hall Farm and the Pasture Farm solar farm 2.4km to the east.

When considering the existing landscape character of the area the Cumbria Landscape Character Guidance and Toolkit identifies the application site as being within Landscape Sub Type 5b; Low Farmland . Key characteristics of this sub type are:

- Undulating and rolling topography

- Intensely farmed agricultural pasture dominated

- Patchy areas of woodland provide contrast to the pasture

- Woodland is uncommon west towards the coast

- Fields are large and rectangular

- Hedges, hedgerow trees and fences bound fields and criss cross up and over the rolling landscape

Landscape Sub type 5a is found approximately 300m to the south of the site and Sub Type 2c is found running close to the north boundary of the site. Key characteristics of these sub types are:

Landscape Sub type 5a; Ridge and Valley

- A series of ridges and valleys that rises gently toward the limestone fringes of the Lakeland Fells

- Well managed regular shaped medium to large pasture fields

- Hedge bound pasture fields dominate, interspersed with native woodland, tree clumps and plantations

Page 11 - Scattered farms and linear villages found along ridges

- Large scale structures generally scarce

Landscape Sub Type 2c; Coastal Plain

- Flat and slightly undulating coastal plain

- Long and narrow fields in undulating areas with larger fields in flat areas

- Intersected by shallow rivers and watercourses

- Hedges form main field boundaries

- Scarce tree cover

- Predominately pasture with some arable in drier areas

- Frontiers of the Roman Empire – Hadrian’s Wall World Heritage Site is a significant archaeological feature in the Solway

- Historic field pattern strongly linked to settlements

A more detailed assessment is provided by the Solway Coast AONB Landscape Character Assessment which classifies the site within Landscape Character Type G: Undulating Coastal Farmland (sub-type G1: Allonby). The key characteristics of the Undulating Coastal Farmland include:

- A deeply rural, agricultural landscape, with green pastoral fields divided by hedgerows, hedgebanks and drainage ditches.

- Distinctive wide and sunken lanes, that are former drove roads, run through some parts of the farmland, with clear edge profiles of ditches and raised banks topped with hedges, locally known as “kests‟. Ferns and wild flowers grow in the hedgerow bottoms and ditches.’

Taking into account all the relevant planning policy considerations it is considered that the assessment of the visual and landscape impact of the development is fundamental to the overall assessment of the application. With this in mind the Council has commissioned an independent landscape consultant to review the Landscape Impact Assessment (LVIA) submitted by the applicant and make appropriate recommendations.

The applicant’s assessment of landscape effects

In terms of landscape effects the applicants LVIA reached the following conclusions:

- “The proposed development would introduce a new landscape element that occupies the entire application site but retains the field pattern and boundaries. The proposed Landscape Mitigation Plan would enhance the characteristics hedgerows and hedgerow trees of the local area across the Application Site. The siting of the proposed solar park in the rural landscape would cause a Medium

Page 12 adverse change to the character of the application site that is considered to have a Low sensitivity to change. This would result in a Moderate adverse effect.

- The proposed development would occupy a very small part of the Landscape Character Sub-type 5b: Low Farmland. The large rectangular fields would be retained and the proposed development would offer the opportunity to enhance the level of hedgerow and hedgerow vegetation through the Landscape Mitigation Plan. This would strengthen the character of the Application Site within the Low Farmland. The proposed development would cause a small adverse change to the character of the Low Farmland, resulting in a Minor adverse effect upon the Medium sensitivity Sub-type that is replicated across the county.

- The proposed development would cause a Negligible adverse change to the character of the wider Lowland Landscape Character Type that comprises 5 sub- types.

- The proposed solar park would occupy part of the Landscape Character Type G: Undulating Coastal Farmland, as identified in the Solway Coast AONB Landscape Character Assessment. The proposed development would increase the amount of development in the character Type although not erode any of the characteristic elements. The proposed development would cause a Negligible adverse change to the Medium sensitivity Character Type.

- The solar park at Westnewton would constitute a very small element within the large NCA 6: Solway Basin and would not constitute the loss of any existing landscape features. The proposed development would result in a Negligible adverse change”.

In terms of visual effects the applicants LVIA reached the following conclusions:

Viewpoint 1 – Local Road at Westgarth

Views for visual receptors travelling westbound on the local road would have some glimpsed views of the proposed solar park on the more elevated part of the Application Site where the hedgerow vegetation that lines the road allows. The transient receptors passing along the local road would have some glimpsed views of the proposed development as they pass along the winding lane. The solar park would be visible along the ridge of the field and form part of the skyline in the brief view as receptors round the bend. Visibility of the proposed development would reduce further as the boundary hedgerow of the Application Site grows to provide additional visual screening. The proposed development would cause a Small adverse change to views along the route. This would result in a Negligible adverse effect upon the Low sensitivity receptors using the local road.

Viewpoint 2 – Local Road at Newton-out-Field

The proposed development would potentially be partially visible in glimpsed views to the east for the transient receptors travelling east along this section of the local road. The proposed solar park may be partially visible above the western boundary hedge of the Application Site but visibility would further reduce as the hedgerow grows to provide

Page 13 additional screening. The hedgerows that line the road form the main focus for receptors and channel views along the road. the proposed development would be barely perceptible for visual receptors and would cause a Negligible adverse change to views. This would result in a Negligible adverse effect upon the Low sensitivity receptors.

Viewpoint 3 – Footpath 257001

Visual receptors using the short distance local Footpath 257001 would see a part of the proposed solar park at Westnewton in oblique views to the west. The proposed development would form a recognisable element in the wide views over the lowland farmland. The solar park would not break the skyline in views towards the coastline where a large offshore wind farm is visible. The proposed development would contribute to the level of renewable energy development visible for receptors on the route but would not form a dominant element in the views. As the boundary vegetation around the Application Site matures, it would provide additional screening benefit and further limit views of the solar park. The proposed development would cause a Small adverse change to views for the High sensitivity receptors using the path, resulting in a Moderate adverse effect

Viewpoint 4 – Local road at New Cowper

The proposed development would be partially visible for visual receptors through the gap in vegetation along the local road at New Cowper. The rear of the panels would be seen amongst the rolling farmland landscape. The solar park would be seen well below the skyline amongst the regular shaped agricultural fields with some long views south towards the Lake District and west towards the Solway Coast with wind turbine development featuring in both directions. The proposed development would only be visible in glimpsed views for the transient receptors passing along this route and would be barely perceptible in the large scale of views available, causing a Negligible adverse change to the view for Low sensitivity receptors. This would result in a Negligible adverse effect.

Viewpoint 5 – B5301 at Dubstang Bridge

Visual receptors travelling along the B5301 have the majority of views over the surrounding landscape contained by the hedgerows that line the road. Where the receptors have glimpsed views through the gaps in vegetation such as at Dubstang Bridge, they extend into the adjacent fields where hedgerow vegetation further buffers views. The proposed development would be mainly screened from view for receptors as they pass the gap in vegetation but where any views through the vegetation extend to the development, it would cause a Negligible adverse change. This would result in a Negligible adverse effect upon the glimpsed views for the Low sensitivity receptors passing over the bridge.

Viewpoint 6 – Footpaths 205001 and 205002 at Whitelees

Views for visual receptors using the footpaths in this location would be relatively unmodified by the solar park at Westnewton due to the large amount of vegetative screening by the belt of vegetation that lines the water course of Lancarr Brook to the

Page 14 east of Aiglegill. Where the proposed development does form part of the view north for visual receptors using these routes, it would appear well below the skyline where views extend into the distance. The solar park would introduce a new element into the view, although heavily screened at this location, and would cause a Negligible adverse change. This would result in a Minor adverse effect upon the High sensitivity receptors using the footpaths.

Views from the Public Rights of Way

The relatively short range views available from the local footpaths are heavily influenced by the agricultural landscape where regular shaped fields are bordered by hedgerow vegetation. The proposed development would be seen amongst the undulating lowland farmland in some close range views that would extend over the development and into the farmland beyond. Visual receptors using the public rights of way in close proximity to the proposed development are considered at Viewpoint 3 and Viewpoint 6.

In longer views, the proposed development would be seen as a minor component of the wide vistas available over the lowland rolling farmland. The solar park would sit alongside the existing wind turbine development and line of pylons that are noticeable and recognisable elements in the views. The undulating lowland landscape means that the proposed development would be afforded a good level of screening across the wider landscape. The low level of footpaths in the study area means that where the proposed development would feature in longer views and would not interrupt any key views. The proposed development would cause a Negligible adverse change for the High sensitivity receptors. This would result in a Minor adverse effect.

Views from Residential Properties

The proposed development would be partially visible in oblique views from the first floor of the residential property of Westgarth. Visual receptors within the property and its curtilage are afforded an element of visual screening by the vegetation to the west of the property but where the development is visible in views north-west over the rolling lowland farmland, it would introduce an increased amount of development to the agricultural landscape. The solar park would cause a Negligible adverse change to the views from the property that are generally focused to the north and south. This would result in a Minor adverse effect upon the High sensitivity receptors.

Visual receptors within the residential property of Anvil House would not witness any changes to visual amenity as a result of the proposed development due to the orientation of the house and the high level of visual screening. The proposed solar park would not result in any adverse effects upon the High sensitivity receptors at the residential property.

Visual receptors in the residential property of Newton-out-Field would witness a marginal change to views east over the undulating fields and hedgerows on the intervening land as a result of the proposed development. The solar park would not dominate views over the agricultural landscape in the wide vistas as much of it would be screened from view by the intervening hedgerows and topography that screens views of the Application Site currently. However, where it is visible, it would be a recognisable element where it is visible. The proposed development would not interrupt any key views but would increase

Page 15 the amount of development visible in the rural landscape. The solar park would cause a Small adverse change to views east, resulting in a Moderate adverse change to views for the High sensitivity receptors.

There would be no change to views for visual receptors within the residential property of Lord’s Close due to the orientation of the property. The solar park would not be visible for receptors at Lord’s Close and so the proposed development would not result in any effects upon the High sensitivity receptors.

The solar park would be partially visible through and over the foreground vegetation for visual receptors at the residential properties of New Cowper. The proposed development would be seen as part of the wide vista to the south that is available from the elevated location and although recognisable in the agricultural landscape, would not form a dominant feature in views. The solar park would be situated well below the skyline and would not interrupt any key views. The proposed development would cause a Small adverse change to the large scale views south, where wind turbines are large visible structures. This would result in a Moderate adverse effect upon the High sensitivity receptors.

Visual receptors within properties on the edge of the residential settlement of Hayton would have some partial views of the proposed development in views over the agricultural fields to the north. The solar park would form a barely perceptible element in views from this distance. The long and wide vistas available from some parts of the elevated settlement would include partial views of the proposed solar park but it would not form a noticeable or recognisable element in views. The solar park would cause a Negligible adverse change to views for the High sensitivity receptors, resulting in a Minor adverse effect.

Views from Surrounding Roads Network

The proposed development would be entirely screened from view for receptors travelling along the majority of the B5301 due to the dense and mature hedgerows that line much of the road. The solar park would not cause any changes to views for visual receptors along these parts of the road would not witness any changes as a result of the proposed development. The section of the road that is slightly more open at Dubstang Bridge is considered at Viewpoint 5.

Changes to visual amenity for receptors travelling along the Unnamed Road south of Application Site that links Westnewton and Allonby are considered at Viewpoint 1 and Viewpoint 2. Changes to visual amenity for visual receptors travelling along the Unnamed Road between the B5301 and Edderside are considered at Viewpoint 4.

Independent review of LVIA

The councils has commissioned an independent landscape consultant to review the LVIA undertaken by RPS on behalf of the applicant. The consultant hasprovided the following comments: COMMENTS ON THE SUBMITTED LANDSCAPE AND VISUAL APPRAISAL

The main objectives of Landscape and Visual Impact Appraisal are widely understood to

Page 16 be as follows: . To describe and evaluate the current landscape character of the site and its surroundings and to identify any notable landscape features within the site . To determine the sensitivity of the landscape to the type of development proposed . To identify and describe any changes arising from the project relating to landscape and visual issues. This is defined as magnitudes of change, . To identify and describe any mitigation measures that have been included . To identify any cumulative landscape and visual effects and . To assess the significance of residual landscape and visual effects

Landscape and Visual Assessment Methodologies

LVA Appendix A presents the methodologies used in the LVA assessment. Also set out are a range of categories used to judge separately . the sensitivity of the landscape resource to change arising the development proposal; . categories of magnitude of change to the landscape resource arising the development proposal; . landscape impact significance criteria . the sensitivity of visual receptors (people) to change arising the development proposal; . categories of magnitude of change in views arising the development proposal; . visual impact significance criteria

Baseline Assessment of Landscape Character

The LVA reviews a range of appropriate published character assessments for the local area, quoting key characteristics that include: . ‘A deeply rural, agricultural landscape, with green pastoral fields divided by hedgerows, hedgebanks and drainage ditches. . ‘Distinctive wide and sunken lanes, that are former drove roads, run through some parts of the farmland, with clear edge profiles of ditches and raised banks topped with hedges, locally known as “kests‟. Ferns and wild flowers grow in the hedgerow bottoms and ditches.’

The description of the Character of the Application Site provided at paragraph 4.1.26 is limited to two sentences as follows:

‘The Application Site occupies two rectangular fields of agricultural land that is currently used for pasture grazing and is surrounded on three sides by other agricultural fields and borders a local road on the southern boundary. The low level of vegetation and enclosure is typical of the local area and the Application Site reflects the character of the Sub-type 5b: Low Farmland, as identified by the Cumbria Landscape Character Guidance and Toolkit.’

A further sentence notes that the site is undesignated with no public access. This extremely brief description fails to mention that the vegetation and enclosure are hedges

Page 17 which are generally established on locally characteristic hedgebanks or kests, despite hedgebanks being recorded on the topographic survey (as mounds) and noted in the ecological appraisal. Nor does the character description refer to the undulating landform, open character or to more specific and locally distinctive features such field gateways with traditional sandstone gate stoops that are present.

The LVA description of the baseline character of the Application Site is considered to provide a weak basis on which to consider the effects of the solar farm development.

Baseline Visual Assessment

A ‘bare earth’ ZTV is provided that illustrates areas of theoretical visibility of the solar farm within a radius of 3km from the site. It illustrates the effect of undulating topography in interrupting views, in particular the ridge of higher land to the north of Aspatria which intervenes in potential views of the solar farm from the town. It does not indicate, as suggested by the LVA at 4.2.1, that ‘potential views of the proposed solar park would be experienced from a relatively small area’.

Six Viewpoints have been assessed that cover a range of locations and receptor types located within 1.5km of the site. Views from these are illustrated on Figures 2, 3, and 4. The existing views available from a range of rights of way, residential properties, and the surrounding road network are also described, with frequent reference made to the presence of large wind turbines in views to the south. The LVA baseline of six viewpoints located in close proximity to the site is not considered to provide an adequate basis on which to consider the visual effects of the solar farm development. Further viewpoints will be needed including views from the AONB and more distant locations.

Proposed Solar Farm Development

It is common practice to separately identify and describe the operations and measures to be undertaken in each phase of a development, including the construction phase of a development, the operational phase and eventual decommissioning and removal phase. This is not the approach undertaken by this LVA.

A description of the development proposals is set out in Section 5 as a very succinct bullet point list that identifies features or aspects of the development. It reproduces the same summary list that appears in the DAS at paragraph 2.7 (except for amending the number of ‘gated site entrances’ from three to two).

However the bullet point list does not adequately describe the character of the solar farm development either in overall terms or as individual elements.

The LVA does not comment on the absence of landscape mitigation measures from the development proposals.

Assessment of Sensitivity of the landscape and of visual receptors to the proposed solar farm development

In terms of the sensitivity of the landscape resource to change arising the solar farm development proposal, the LVA reviews a range of published character assessments and

Page 18 draws the following conclusion regarding the sensitivity of the application site:

‘The Application Site is considered to have a Low sensitivity to change as it is undesignated with no public access.’

This conclusion is not agreed with. It underestimates receptor sensitivity (considered to be medium) and as a consequence assessments made of the significance of effects will also be under-estimated.

Similarly the LVA judgement that people using minor roads to pass through the countryside represent low sensitivity visual receptors is not agreed with. It underestimates receptor sensitivity (considered to be medium) and as a consequence assessments made of the significance of visual effects will also be under-estimated.

Assessment of Landscape and Visual Effects of the Solar Farm Development

The assessment of effects should consider the overall development proposal including any measures proposed to mitigate effects.

Where planting works are proposed in mitigation it is standard practice to prepare assessments that reflect the position on completion of the development (Year 1) and at a later date, typically Year 15, in order to take account of the growth of the planting and its effectiveness in reducing effects. The LVA does not provide different assessments of magnitude over time. It states instead at LVA paragraph 1.2.4 that assessment of the effects of the proposed development on the landscape and visual environment relate to ‘the first winter following completion of the development (year 1) after the mitigation measures have been implemented, but at which time their effect would be limited.’

It should be noted that assessment of landscape effects presented in LVIA section 6 assumes the presence in the landscape of planting measures proposed by the applicant as part of the overall solar farm development, despite the fact that these landscape proposals do not form part of the proposed development as described in LVA section 5 and that they are not referred to or described in the LVIA until the subsequent Section 7: Mitigation and Enhancement Measures.

Effects on local landscape resources

No direct physical effects on local landscape resources are identified or assessed by the LVA.

Under the heading ‘Trees and Vegetation’ paragraph 6.1.3 states categorically that ‘no removal of trees or hedgerows would be required as part of the proposed application with existing hedgerows and hedgerow trees that form field boundaries of the Application Site being retained. Appropriate mitigation planting and management plan would enable to existing hedgerows to be enhanced and restore some of the characteristic elements to parts of the Application Site. All existing field boundaries would be retained during the entire course of the development.’

This statement is not reliable. It is evident that the LVIA did not identify the intention to enlarge existing field access points or to create new temporary access points in order to

Page 19 accommodate construction access to the site, and consequently has not assessed the effects of doing so on existing landscape resources (i.e. removal of sections of established hedgerow and hedgebanks).

Nor has it considered the benefits of additions to landscape resources that would arise from the mitigation planting measures set out subsequently in LVA section 7.

Effects on local landscape character

Effects of the solar farm on landscape character have been assessed in broad terms. However notwithstanding the observation that ‘the proposed development would introduce a new landscape element that occupies the entire Application Site’ the LVA conclusion is that adverse change to the character of the rural Application Site would be medium magnitude. Combined with the LVA assessment of low sensitivity to change, resulting effects on the Site’s character are predicted by the LVA to be Moderate adverse.

This assessment is considered to be flawed; it does not take into account the effects of removals of locally characteristic landscape features, nor the introduction of incompatible tree planting proposals that would further harm landscape character. At the broader scale of Landscape Character Sub-types 5b: Low Farmland, effects on character are variously considered by the LVA to be minor adverse or negligible adverse.

Visual Effects

Like the assessment of landscape effects, the assessment of visual effects presented in LVIA section 6 assumes the presence in the landscape of planting measures proposed by the applicant as part of the overall solar farm development, despite the fact that these landscape proposals do not form part of the proposed development as described in section 5 and that they are not referred to or described in the LVIA until the subsequent Section 7: Mitigation and Enhancement Measures.

Impact assessments for the six viewpoints are presented in LVIA paragraphs 6.2.2 – 6.2.7. They are not considered to be reliable due to

. underestimation of changes in the existing landscape arising from the solar farm proposal . the use of inappropriately low assessments of receptor sensitivity of travellers on minor roads in the area (should be medium not low), affecting assessments made for viewpoints 1 and 2 ; . the failure to refer to or take account of potential visual effects of glint and glare that may arise from the proposed solar farm, despite glare assessments having been prepared for each of the six viewpoints as detailed in LVIA section 8 and LVIA Appendix B, and summarised on LVIA Figure 6.

The glare assessments found that viewpoints 1, 2 and 3 all had some potential for glare effects comprising ‘temporary after-image’ (ie for an image to continue to appear in one’s vision after the exposure to the glare has ceased). Glare effects are categorised on the

Page 20 following scale of increasing severity: No potential for temporary after-image, Low Potential for temporary after-image, Potential for temporary after-image, Potential for permanent eye damage.

The findings of LVIA section 8 and of LVIA Appendix B glare assessments are summarised below.

Viewpoint no. Potential for glare Potential for glint? effects ? 1 Local Road at Westgarth Yes, Potential for Yes temporary after-image 2 – Local Road at Newton-out- Yes, Low Potential for Yes Field temporary after-image 3 – Footpath 257001 on the Yes, Potential for Yes north-western edge of temporary after-image Westnewton Viewpoints 4,5,6 No No

Photography and Visualisations

The assessment of the visual effects of the proposed solar farm has been prepared on the basis of 6 viewpoints. Photographic views are presented ‘two –up’ on Figures 2,3 and 4 as small images and contain no annotations to provide guidance as to where the site appears in the view. The two photomontages present similarly small images of existing and proposed views from viewpoints 3 and 4 and are of very limited use in helping to illustrate potential effects.

Neither the photos nor the photomontages comply with the objectives set out by the Landscape Institute in Advice Note 01/11 ‘Photography and photomontage in landscape and visual impact assessment’ or with the latest guidance on the presentation of photomontages. They are considered to be inadequate for their purpose.

Advice Note 01/11 states at 3.1 that: ‘The objective of photography for visual and landscape impact assessment is to produce printed images of a size and resolution sufficient to match the perspective and, as far as possible, the detail in the same view in the field (SNH 2006, para C12-21) and which can also serve as an accurate aide-memoire once the observer has left the field.

The objective of a photomontage is to simulate the likely visual changes that would result from a proposed development, and to produce printed images of a size and resolution sufficient to match the perspective in the same view in the field.’

There is now wide consensus that photographic views and photomontages need to be presented at an appropriate size using a standard digital 50mm lens and good quality reproduction in order to offer a reasonable opportunity for the viewer to comprehend the actual vista or scene that might be experienced ‘on site’. Although it is impossible to

Page 21 represent precisely in two dimensions what the human eye perceives, the format of photographs and photomontages should be at least 240mm in height and A3 in width.

It is widely recognised that use of viewpoint illustrations including photomontages that are undersized and of only moderate quality may lead to the under-assessment of landscape and visual change.

Contrary to the conclusions of the LVIA it is considered that the solar farm development as proposed would lead to some significant adverse effects on the local rural character, both within the site and in the surrounding local area. These effects would arise due to:

. the industrial character of 33,216 solar panels in the countryside which may often have a very dark and engineered/industrial appearance, arranged in regimented east-west rows that take no account of the landform of the site which is gently sloping or undulating. Its appearance and industrial character would be in marked contrast to the natural qualities of the green pasture that currently characterises the site.

. the industrial character and appearance of ancillary infrastructure in the countryside including the sub-station located close to the minor road, the perimeter security fence, pole-mounted CCTV security cameras and substations.

. the extensive nature of the infrastructure development that would appear to ‘blanket’ the site in some views of the landscape;

. the submitted proposals for tree planting that would not be compatible with the local character of the lowland farmland; and

. the appearance of very wide site access points created in the southern boundary hedgerow for which no reinstatement/restoration proposals appear to be included in the application.

The Westnewton solar farm would form an alien and incongruous new feature within the green fields of pasture that would provide its setting. Its presence relatively close to a discrete existing settlement would be likely to reinforce and extend the influence of development locally on landscape character, with cumulative effects likely in combination with nearby wind turbines and a solar farm as elements of renewable energy infrastructure in the local landscape. The industrialising effect of the proposal, characterised by engineered arrays in regular rows that would rise and fall with the local topography and appear as a dark blanket of metal and glass, enclosed by security fencing, would be experienced in places by people moving around and through the local area including residents, tourists and visitors to the AONB.

The undulating nature of the lowland landscape and the characteristic presence of field hedges will tend to limit opportunities for uninterrupted views of the operational solar farm. According to the LVA the solar park would be most visible for visual receptors on the slightly elevated ground to the north, east and south-west of the Application Site. This judgement is generally agreed with in relation to the 3km ZTV presented on Figure 1, but extended to include some close range views from the minor road that passes the site and from properties in close proximity. It is also agreed to be likely, on the basis of the six

Page 22 viewpoints presented that the solar park would not interrupt any key views and would generally be visible below the skyline. However all six viewpoints are located within approximately 1.5km of the site. Further viewpoints are needed on order to assess effects in longer distance views including from the Solway Coast AONB.

It is considered that the presence of the solar farm would significantly and adversely affect the relatively close range (less than 1km) westerly views of open countryside that are currently available to people using the locally elevated public bridleway that runs to the north and west of Westnewton. This route which is illustrated by Viewpoint 3/Photomontage 1 provides local residents with convenient access to the countryside, and opportunities for open views that are not dominated by the three large wind turbines located within 1km of Westnewton to the south. The LVA judgement of Moderate adverse on visual amenity of users arising from the solar farm is considered to be underestimated, particularly when taking into account the locally elevated location and predicted glint and glare effects that may occur in early evening for up to four months of the year; these would particularly affect existing westerly views of the Solway Coast AONB, including views of sunsets.

The potential for glint and glare effects to occur at Viewpoints 1 and 2 on the minor road (and by extension to occur in the views of residents at ‘Westgarth’ and of travellers on the minor road that passes the site) would also increase the magnitude and significance of predicted adverse visual effects at these locations. It is noted that at Viewpoint 1, on the minor road near ‘Westgarth’ some potential for glare effects comprising ‘temporary after- image’ is predicted to occur in the early evening over a continuous period from the middle of March to the end of October.

Overall it is considered that the solar farm as proposed would have a significant adverse effect on the rural character of the site and its setting. It is also likely that the visual amenity of some local residents, road and right of way users close to the site would also be significantly and adversely affected due to the changes in existing views arising from the appearance of the solar farm in the landscape including (where applicable) disturbing glint and glare effects.

Consequently the proposal would conflict with a range of policies in Allerdale Local Plan, adopted July 2014, potentially including Policy S2 ‘Sustainable Development Principles’, Policy S5 ‘Development Principles’, Policy S32 ‘Safeguarding Amenity, Policy S33 ‘Landscape’, Policy DM14 ‘Standards of Good Design’ and Policy DM17 ‘Trees, Hedgerows and Woodland’.

The applicants submitted a rebuttal note addressing matters raised by the council’s consultant dated 26 January 2015 that included revised photomontages and figures 1 – 5, however no additional viewpoints were provided. This information was sent to the independent consultant for further assessment.

The consultants response stated:

Given the generally low-lying nature of land within the AONB it is considered unlikely that the solar farm would have a significant effect in views from the AONB or on its character and value.

Page 23 It would however be seen in existing views towards the AONB, notably from Viewpoint 3 and Viewpoint 6, and would be passed at close range by people gaining access to the AONB via the minor B5301 road that runs west from Westnewton to Allonby.

We remain of the view that the likely effects of the solar farm development have been under-assessed by the Applicant, including underestimation of changes in the existing landscape that would arise from the solar farm proposal, underestimation of changes in likely changes in views and visual amenity and underestimation of receptor sensitivity including the site itself (deemed to be of low sensitivity to the solar farm proposal).

As proposed the solar farm would lead to some significant adverse effects on local rural character, both within the site and in the surrounding local area. This would be due the extensive industrial character and appearance of the solar farm which would be in marked contrast to the ‘natural’ and largely undeveloped qualities of the surrounding agricultural landscape. Proposals for planting excessive numbers of field hedgerow trees would also be out of keeping with local character. There would also be changes in existing views of the landscape, including views towards the Solway Coast AONB that would adversely affect the visual amenity of some local residents and visitors using local roads and rights-of-way.

It would not conserve and enhance the diversity and distinctiveness of the landscape and would have a detrimental effect on the visual amenity of the local area, contrary to Local Plan policies. It is considered that the likely detriment of the solar farm proposal is sufficient to justify refusal on landscape and visual grounds; this judgement is made without consideration of other matters including the benefits of the proposal.

Officers agree with the conclusions of the landscape assessment carried out by council’s independent landscape consultant and consider that the harm in terms of visual impact on the immediate surrounding area and the wider landscape character are not outweighed by the benefits the proposal offers.

Assessment of Cumulative Effects

The initial LVIA failed to include an assessment of cumulative effects. This has been requested by officers as part of the assessment of the application and was further considered necessary in the assessment carried out by the councils independent landscape consultant. In the rebuttal provided by the applicant they further state “A cumulative impact assessment is not necessary as there are no cumulative schemes proposed in the study area and the existing base line is known.

There are occasional oblique references to cumulative effects in the LVA for example at paragraph 6.2.4 where from Viewpoint 3 the proposed development ‘would contribute to the level of renewable energy development visible for receptors’. However neither the submitted LVA nor the RPS Landscape Rebuttal note present any assessment of cumulative effects.

Instead the Applicant quotes PINS advice that applies to National Infrastructure Projects (not relevant to this application) that was prepared in relation to major wind energy projects. The Applicant takes the narrow view that any cumulative assessment should involve combined consideration with other development proposals against a baseline that

Page 24 includes built and operational development but not in combination with existing development which is already present and forms part of the baseline.

The solar farm proposal would inevitably add to existing energy infrastructure features in the local landscape. When considering the likely visual impact it is noted that existing features in the landscape include the existing pylons and overhead lines as well as wind turbines in the wider landscape. In comparison to these vertical structures however the proposed solar panels will be relatively low and whilst they cover a larger site area they can be more effectively screened by existing and proposed hedgerows. The effect of this screening will increase over time. However given the separation distance of the existing built solar farm at Pasture Farm which lies approximately 2.5km to the southeast of the site, the two solar farms are unlikely to be viewed together.

Officers therefore consider that although a full cumulative assessment has not been submitted with the application, the comments made by the agent that there are no cumulative schemes proposed in the study area are correct. The solar farm at Pasture farm was considered to be acceptable in terms of cumulative impact taking account of the existing vertical structures in the area. Officers consider the proposed solar farm will not lead to an unacceptable impact of the local landscape in terms of cumulative impact.

Boundary Treatment/Site Security

A 2.3m high wire/mesh fence will be installed round the site to provide security. The bottom line of the fence will be 150mm above ground level to allow small animals/mammals to pass under and through the site.

The fence will be erected on the inside of existing hedgerows and proposed hedgerows to ensure that it is screened by the hedgerow and blends into the natural setting and existing environment to minimise visual impact.

The CCTV system will be placed on 2.5m tall posts at 50m intervals along the fence line. The exact position and number of CCTV cameras is not known at this stage, however this could be controlled via condition. All cameras will be focused into the solar park. The CCTV will use infrared cameras with sensors, so no artificial lighting is necessary.

Access and Operational requirements

Factors to be taken into account include accessibility and suitability of the road network and the ability to connect to the grid. There are likely to be short term impacts on the road network during construction but these can be managed and the applicant has submitted a Constriction Traffic Management Plan. Once operational the vehicle movements to and from the site will not be significant.

There are two existing access points from the minor road (C2002) into the southern field; one lies in the south east corner of the field, the other is located centrally along the frontage. Each access point is a field gateway with traditional sandstone gate stoops and a field gate. A farm access track runs northward from the minor road parallel to but outside the eastern boundary of the site.

The site will be accessed via the existing two access points off the existing minor road

Page 25 C2002 that leads between Westnewton and Allonby. However due to the nature of the large vehicles that will be entering the site the existing accesses will need to be widened which will result in the removal of part of the existing hedgerow.

The construction work is scheduled to last for up to 3 months. All materials and plant associated with the development process will be stored within the footprint of the application site. A loading and unloading area for plant and materials is provided to the south of the application site. Vehicles will enter the site using the access in the central front boundary of the site and exit using the access in the southeast corner of the site.

Parking will be provided adjacent to the site compound to the southeast corner of the site.

Once operational the proposed development will not require significant maintenance, with the exception of quarterly visits made by 4 x 4 vehicles or panel van vehicles. Cumbria Highways have requested that once the proposal is operational the existing open farm track from the public highway shall not be used by any site traffic. This can be controlled via condition.

Internal temporary access tracks will be required during the construction phase. One track will run through the western part of the site and the other will run through the eastern part of the site. The tracks will require two temporary accesses through the existing hedge to be made in the east boundary. These tracks will be accessed from the existing farm track.

Cumbria Highways have assessed the proposal and whilst originally raised concerns regarding the suitability of the use of the access points taking into consideration the existing visibility they are now satisfied that the provision of a banksman on site as suggested in the Construction Traffic Management Plan to assist with the manoeuvring of delivery vehicles in and out of the construction compound, as well as internal movements throughout the site and the minimal visits once the solar farm is operational is acceptable. They raise no objections to the proposal subject to it been carried out in accordance with the Construction Traffic Management Plan.

The applicant advises that the site will be connected to the substation at Aspatria by a cable link. The cable route does not form part of the planning application as it will be provided by utilising the permitted development rights available to the electricity company as a statutory undertaker.

Impact on nature conservation sites and species

The application site triggers a SSSI Impact Risk Zone and therefore has the potential to affect the interest features of the designated site. The application site is 4.4km south of the Upper Solway Flats and Marshes SSSI, which is also designated as a European site; the Upper Solway Flats and Marshes Special Protection Area (SPA), Ramsar and the Solway Firth Special Area of Conservation (SAC). European sites are afforded protection under the Conservation of Habitats and Species Regulations 2010, as amended (the Habitats Regulations).

The applicant has commissioned an ecological appraisal report of the site which

Page 26 concludes in terms of designations “The potential for the site to be used by small numbers of waders in winter is very unlikely to have a significant impact on the Upper Solway Flats and Marshes SPA and Ramsar Site, given the distance of the site from the designations and the small extend of habitat affected. Given the low impact nature of the scheme and their distance from the site no impacts are anticipated on other nearby nature conservation designations”.

The application has no special wildlife designations and as arable land is considered to have low ecological or wildlife value. With the installation of new hedging with the grassland between the solar panels there is unlikely to be any significant impacts upon wildlife but a potential improvement with the introduction of new planting.

Natural England’s initial response advised that insufficient information had been submitted with the application to determine whether the likelihood of significant effects can be ruled out and that a further desk study was required in relation bird interests connected with the aforementioned protected areas.

The applicant provided further evidence in response to Natural England’s concerns through a shadow HRA document.

Records obtained from the Cumbria Biological Records Centre (CBRC) and the Cumbria Bird Club, and vantage point counts undertaken for the Environmental Statement for the nearby constructed Westnewton Wind Farm (BEDL, 2008) demonstrate that the site is not used by significant numbers of SPA birds. Discussion with the Natural England site lead concurs with this view. Natural England therefore agrees that the lack of records obtained for the desk study is due to a lack of birds utilising the site rather than a lack of recording in the area.

Therefore Natural England agrees with the conclusion of no Likely Significant Effect on the Upper Solway Flats and Marshes European site.

Natural England is satisfied that the proposed development being carried out in strict accordance with the details of the application, as submitted, will not damage or destroy the interest features for which the Upper Solway Flats and Marshes Site of Special Scientific Interest (SSSI) has been notified. We therefore advise your authority that this SSSI does not represent a constraint in determining this application.

Likely Significant Assessment

The application is in close proximity to a European designated site, and therefore has the potential to affect its interest features. European sites are afforded protection under the Conservation of Habitats and Species Regulations 2010, as amended (the ‘Habitats Regulations’).

The Council have carried out an assessment of The Likely Significant Effect in consultation with Natural England and it is considered it complies with the requirements of Regulation 61 and 62 of the Habitats Regulations.

Page 27 Impact on heritage assets and their setting

An Archaeology & Cultural Heritage Assessment has been carried out and submitted with the application.

The Country Archaeology records and the archaeological desk-based assessment submitted with the application indicate that the proposed development lies in an area of archaeological potential. The area was a prehistoric activity with aerial photos showing a crop mark indicative of a prehistoric farmstead located 150m from the sire and four other similar sites lying within 1km.

The County Archaeologist comments:

“The applicant has helpfully commissioned a further archaeological geophysical survey of the site, in line with advice I provided in earlier correspondence. The results of the survey indicate that archaeological assets of possible prehistoric agricultural remains and field systems survive in one part of the site and that they will be disturbed by the construction of the proposed development. These remains are considered to be of local significance.

I therefore recommend that, in the event planning consent is granted, the possible archaeological assets are archaeologically investigated and recorded prior to the development commencing. I advise that this work can be commissioned and undertaken at the expense of the developer and can be secured through the inclusion of a condition in any planning consent”.

Historic England has considered the details of the application, and they do not believe that this proposal would impact directly on any archaeological remains from the Hadrian’s Wall World Heritage Site. In addition, although potentially visible from the World Heritage Site they do not believe that it would harm the ability to appreciate and understand Roman military planning and land use. In light of this, they do not believe that this proposal would harm the setting of the World Heritage Site. Similarly, although potentially visible from Westnewton Castle, we do not believe that the setting of this scheduled monument would be harmed by the proposed development.

Planning and Conservation officers have assessed the submitted Archaeology & Cultural Heritage Assessment and whilst we do not dispute the findings that are stated, they seem to be very vague.

The application site is not sited within any heritage setting, however Westnewton Conservation Area lies 820m to the east of the site. Section 72 of the Planning (Listed Buildings and Conservation Areas) Act 1990 states that:

“In the exercise, with respect to any buildings or other land in a conservation area, of any powers under any of the provisions mentioned in subsection (2), special attention shall be paid to the desirability of preserving or enhancing the character or appearance of that area.’

The biggest impact on a heritage asset from officer’s perspective would be the impact upon the setting of Westnewton Conservation Area. The setting of the Conservation Area certainly includes the visible hills and fields that can be seen from it and would include

Page 28 views of the conservation area from around.

The applicant has provided a further assessment on the potential impact on the setting of Westnewton Conservation Area that concludes:

- The setting of the conservation area derives from its sense of enclosure and is by its nature limited in its geographical extent. - The proposed solar array lies outside the setting of the conservation area. - There would be no direct views from any part of the conservation area to the proposed solar array. - Any in combination views would be limited to those possibly obtainable from the higher ground to the west of the B5301road to the south of the conservation area. These views make little, if any, contribution to the significance of the conservation area and in any event would remain largely as they are now, with no tall or intrusive structures introduced into the landscape.

The conservation area is of high significance. The magnitude of impact of the proposed solar array on the conservation area would be no change. The effect of the proposed solar array on the Westnewton conservation area would be neutral.

Officers are satisfied that the proposal will not result in an unacceptable impact on any heritage assets in compliance with Policy S27 of the Allerdale Local Plan (Part 1).

Temporary loss of BMV agricultural land.

The Planning Practice Guidance paragraph 013 advices local authorities they will need to consider:

 Encouraging the effective use of land by focussing large scale solar farms on previously developed and non-agricultural land, provided that it is not of high environmental value;  Where a proposal involves greenfield land, whether (i) the proposed use of any agricultural land has been shown to be necessary and poorer quality land has been used in preference to higher quality land; and (ii) the proposal allows for continued agricultural use where applicable and or/encourages biodiversity improvements around the arrays.

The applicant has undertaken a site survey in order to identify the Agricultural Land Classification of the site. The detailed survey of the site shows it to comprise a mixture of grades 3a and 3b agricultural land at an approximate 50:50 mix.

No justification was provided with the submission as to why this site was chosen or that an alternative site at a lower grade was not available and the agent was challenged on this. A Site Selection Report has since been submitted.

The site area comprised a 2.5km search area from the only available point of connection along the existing 132kv power line running south west/north east. The point of connection is the existing sub-station located on the B5301 which links Westnewton with Aspatria. The key drivers to the applicant in defining the study area are the availability of Grid Capacity and the ability to deliver a viable connection.

Page 29 The search methodology then removed sites that were considered to be in built up areas, visually prominent, area liable to flooding, area which may lead to cumulative visual objectors, land likely to be subject of archaeological interest and fragmented land where removed.

Officers consider the proposal site has a number of the above constraints and therefore were not appropriate reasons on their own to remove sites consideration as part of the site selection process. A number of the fields that were removed for been too small are in similar size to the fields under consideration as part of this proposal. There is a grade 5 site that lies just outside the search area (as does the application site) and no robust evidence has been submitted before me to show why this area could not be considered. Furthermore no break down has been provided to indicate what grade of agricultural land the remaining area falls within.

The assessment demonstrates there are no available brownfield sites within the area. Following the filter carried out by the applicant three sites were identified including the application site (site 1). Site 1 and 2 were discounted by the developer mainly due to landscape visual impact reasons, but also located in close proximity to Listed Buildings within Aspatria and are more likely to have archaeological constraints. Again it has not been identified what grade of land sites 2 and 3 are.

Officers consider that the applicant has not submitted a robust sequential test to demonstrate that there are no alternative sites at a lower agricultural grade that could be used to site the solar farm in line with the requirements of the National Planning Policy Framework and Planning Practice Guidance paragraph 013.

Potential benefits to the local economy and the local community

The proposed solar farm will provide some economic benefits to the applicant/land owner as it will provide a predictable source of income for the life of the solar farm.

The site size enables significant benefits in terms of generating electricity and cutting climate change emissions which is an important aim of both national and local planning policy.

Decommissioning

Planning Practice Guidance on renewable energy recognises that solar farms are normally temporary structures and that planning conditions can be used to ensure that the installations are removed when no longer in use and the land is restored to its previous use. Therefore officers consider it appropriate that a condition should be attached to any approval to limit the development to a period of 25 years and the site should be decommissioned in accordance with a decommissioning method statement.

Flood Risk

Local Plan Policy S29 aims to ensure development is avoided in locations that would be at risk of flooding or where it would increase the risk of flooding elsewhere. The site falls within Flood Zone 1, where the annual probability of flooding is 0.1% or less. Therefore

Page 30 the risk of flooding from fluvial or tidal sources is considered to be negligible.

The Solar Park is considered to be appropriate development within Flood Zone 1. In addition, a Flood Risk Assessment (FRA) has been submitted which concludes that the development will not be at risk of flooding, nor will it increase flood risk elsewhere.

As the solar panels do not have any concrete bases they do not create an impermeable area. Furthermore, surface water runoff will be mitigated by maintenance of a grazed vegetation cover.

The Local Lead Flood Authority (LLFA) have assessed the submitted FRA and while they consider the principle of siting a solar park in this location is acceptable they would require conditions to be satisfied that there are no detrimental impacts to the surrounding land and flood risk to the nearby C2002 that is vulnerable to standing water in this vicinity.

The FRA point 3.3.4 suggests that there are perimeter ditches around the edge of the site. This is not the case on the section where the highway infrastructure is most at risk. It is noted that there is a hedgerow that provides a bund for excess water that could encroach onto the C2002 and this is welcome to LLFA. Conditions should be attached to any approval that seeks details of the measures to be taken to prevent surface water discharging onto the highway and a suitable surface water management plan and soil management plan to be provided to works commencing.

In reply to the LLFA comments the applicant has provided a surface water management strategy that the LLFA have assessed and are happy with the contents and require no further information to be submitted.

Other Issues:

Local Financial Considerations

The proposed solar farm would attract NNDR.

Conclusion

The National Policy advises that renewable energy proposals should be located where impacts are, or can be made, acceptable.

The proposed solar farm lies in an open rural location. In assessing the proposal it is considered that the solar farm development as proposed would lead to some significant adverse effects on the local rural character, both within the site and in the surrounding local area. It is considered that the regimented rows of solar panels, combined with the perimeter fencing, cameras and associated infrastructure would provide an industrial scale development in this attractive rural landscape, which would be in marked contrast to the ‘natural’ are largely undeveloped qualities of the surrounding agricultural landscape. There would be changes in existing views of the landscape, including views towards the Solway Coast AONB that would adversely affect the visual amenity of some local residents and visitors using the local roads and rights-of-way.

Page 31 The submitted proposals for tree planting to mitigate against some of the potential impacts are considered to be incompatible with the local character of the lowland farmland and would be out of keeping with the local character.

The proposal would not conserve and enhance the diversity and distinctiveness of the landscape and would have a detrimental effect on the visual amenity of the local area, contrary to Local Plan Policies S2, S5, S32, S33, DM14 and DM17.

Furthermore it is considered the applicant has failed to submit a robust sequential test to demonstrate the solar park could not be sited on land of poorer value rather than best and most versatile agricultural land.

Page 32 Annex 1

Conditions/Reasons

1. The proposed development will not conserve and enhance the diversity and distinctiveness of the landscape and would have a detrimental effect on the visual amenity of the local area, contrary to Policies S2, S5, S19, S32, S33, DM14 and DM17 of the Allerdale Local Plan (Part 1), Adopted July 2014.

2. The Local Planning Authority consider the applicant has not carried out a robust alternative site selection to demonstrate the solar park could not be located on either previously developed land and lower quality agricultural land in line with paragraph 112 of the National Planning Policy Framework and The Planning Practice Guidance.

Proactive Statement

Application Refused Following Discussion – Where there is no Way Forward

The Local Planning Authority has acted positively and proactively in determining this application by identifying planning policies, constraints, stakeholder representations and matters of concern with the proposal and discussing those with the Applicant. However, the issues are so fundamental to the proposal that it has not been possible to negotiate a satisfactory way forward and due to the harm which has been clearly identified within the reason(s) for the refusal, approval has not been possible.

Notes to Applicant:

Page 33 Location Plan Page 34 Page Agenda Item 5

Allerdale Borough Council Planning Application 2/2016/0044

Proposed Retrospective application for the erection of an unlocked gate at Development: New Street leading onto housing estate - Resubmission Location: Former Gas Holder Site New Street Cockermouth Recommendation: APPROVE

Summary/Key Issues

Issue Conclusion

Principal The principal of allowing public access through the gates on balance in considered acceptable. Design and On balance the gates are considered to be acceptable. materials

Proposal

The proposal relates to a retrospective application for a black colour powder coasted iron gate and screen that would be 2.87 m in height and 4.7m in width. Hand rails are also proposed. Site

The proposed gate would be between Woodville Park and New Street, Cockermouth. The access point; for many years was boarded up prior to redevelopment of the site for housing and was an access point to the former Gas depot site. Recently public access was made available through the site which has been developed as a housing estate known as Woodville Park.

Relevant Policies

The National Planning policy Framework 2012

Allerdale Local Plan (part 1) adopted July 2014 S1 Presumption in Favour of Sustainable Development S2 Sustainable Development Principles S3 Spatial Strategy and growth S4 Design principles S5 Development Principles S22 Transport Principles S27 Heritage Assets S32 Safeguarding Amenity

Page 35 DM14 Standards of Good Design

Relevant Planning History

2/2015/0656 Application for screen withdrawn. 2/2012/0741 Housing scheme was approved with an open pedestrian linkage with no gate but bollards were shown to restrict vehicle movements between Woodville Park and New Street. The applicant has since stated that the bollards cannot be sited within the opening because of utilities within the locality.

Representations

Cockermouth Town Council - Refusal, unneighbourly and out of character. Environmental Health - No objections Cumbria Highways - No objections subject to planning condition. Cockermouth Civic Trust - Objection due to visual barrier in a prominent position. The suggestions that bollards cannot be installed because of surface runs below the pavement is not valid (see application 2/2016/0046). Cumbria Police - The gates should remain closed.

The application has been advertised on site and neighbours have been consulted. There have been 9 letters/ emails of objection expressing the following concerns: - There should be no gate that impedes mobility scooters, push chairs and prams and is a safety hazard; - Not easy to remove the gates if utilities require access; - The path is steep and there are concerns about slip and trips and a hand rail would be useful; - The Local Authority should take responsibility for the access points; - The height of the gate is divisive and unneighbourly; - The site plan clearly shows bollards and houses were sold on this basis; - A less obtrusive scheme should be considered like a low level structure; - The gate presents a visual impact that implies no access and fails to positively contribute to the character of the surrounding area; - The screen fails to conserve the setting of the adjacent historic environment; - The entrance area is well over looked and the comments from the Cumbria Police would not seem to be evidence based to close up entrance; - The land up to the site is private land; - The large structure will need ongoing maintenance; - The opening of the gates is a sensible move in the right direction but still should bollards as approved originally; - The structure has a brutalist visual impact and not in keeping with the historic character of the Cockermouth conservation area; - The gates will cause noise and disturbance and therefore there should be bollards; - The access does not provide a suitable access for people with disabilities.

There are 5 letters of support: - The gates are in keeping with the area; - Public access will be acceptable;

Page 36 - The gate gives a heightened sense of security; - No objection as long as gates not locked; - The scheme should be supported but the borough council should take responsibility for the public links and concern about liability issues for the current arrangements.

Local Financial Considerations

Having regard to S70 (2) of the Town and Country Planning Act there are no local financial considerations.

Assessment

There are conflicting opinions as to whether or not the gates and screen are appropriate in terms of the principle, design and materials for this residential locality that is adjacent to the Cockermouth Conservation area.

There is also conflict in terms of whether there should be public access through the gate or whether the gate should be locked. The approved scheme related to a pedestrian link with an ungated opening with a pathway and bollards (no pedestrian enclosure) and purchasers of Woodville Park houses bought the housing in knowledge of this. The maintenance and ownership of the pedestrian link along with the play area and nearby footpaths would be by a private management company associated with Woodville Park residents when the estate is complete.

Woodville Park residents are now not in agreement about whether the pedestrian link should be blocked or open to the wider community. Furthermore Cumbria Police advise that the gates should be shut. Officers however note the footpath and gate are well overlooked by nearby housing, and there is on street lighting within the vicinity and as local residents have pointed out, crime within the locality is low.

There have been local objectors and supporters of the proposed scheme. The proposed scheme shows a path that would allow for public access to the adopted highway areas, however the path as built is steep in parts, however the developer proposes hand rails.

Allerdale BC Conservation Officer previously advised that a similar scheme for a closed screen was contrary to policy S4 of the Allerdale Local Plan 2014 because of its appearance and that the enclosure and would have a negative impact upon the character of the locality and that the proposed large screen would look alien and inappropriate in the residential setting and the distinctiveness of the location.

This scheme now proposes an unlocked gate and the gate and screen is erected and currently unauthorised. The scheme is therefore retrospective for gates that are unlocked. Officers must therefore balance the visual impact of the current proposal with the sense of security that some of the residents of Woodville Park would like as supported by Cumbria Police.

Officers therefore consider that although the unlocked gates can still be perceived as a physical barrier they are in this instance an acceptable compromise given there will be public access through the gates and along the associated footpaths to be secured by

Page 37 planning condition however a sense of security is provided in the locality.

Although some local residents have set out that the Management Company may not allow pedestrian access by non-residents over land that is in their ownership when the development is complete, it is noted that the developer has confirmed by email that the Management Company will have a deed that sets out there will be public access in perpetuity (as set out in area shown in red on drawing 3404 78).

With all matters balanced, the scheme is recommended for approval subject to planning conditions to secure public access over the land in perpetuity and this can be implemented at this stage because the land is currently owned by the applicant.

Conclusion

The proposed unlocked gate within a screen, with associated hand rails is considered to be more neighbourly than a blocked screen. There have been some concerns about the height, proportions and the sense of enclosure of the housing estate due to the gate and screen and that there may be an adverse effect on the setting of the adjacent historic environment. Nevertheless, the proposed development would result in the retention of a public pedestrian link allowing connections between people and places and would provide for some sense of security and as such the scheme on balance is recommended for approval accordingly.

Page 38 Annex 1

Conditions/Reasons

1. The development hereby permitted shall be begun before the expiration of three years from the date of this permission. Reason: In order to comply with Section 91 of the Town and Country Planning Act 1990.

2. The development hereby permitted shall be carried out solely in accordance with the following plans: 3404 80 Gate Drawing 3404 78 Adoption Plan 3404 79 Adoption plan received 24 February 2016 3404 74 Location Plan Email received 24 February 2016 confirming public access over pathways 3404 82 Hand rail details received 2 March 2016 Reason: In order to ensure that the development is carried out in complete accordance with the approved plans and any material and non-material alterations to the scheme are properly considered.

3. Public pedestrian access shall be retained at all times through the gate/ screen and adjacent estate footpaths (as shown in red) to adopted highway areas as shown on drawing 3404 79 unless otherwise agreed in writing by the Local Planning Authority. Reason: In the interests of residential amenity and to promote integration between the estate in which it serves and existing development.

Proactive Statement

Retrospective applications

The Local planning Authority has acted positively and proactively in determining the application and averting the potentially necessity and expediency for pursuit of enforcement proceedings. The proposal was assessed against all material planning policies and representations that may have been received and subsequently determining to grant planning permission in accordance with the presumption in favour of sustainable development, as set out within the National Planning Policy Framework.

Page 39 Location Plan Page 40 Page Agenda Item 6

Allerdale Borough Council Planning Application 2/2016/0046

Proposed Retrospective application for the erection of an unlocked gate at Development: Derwent Street leading onto housing estate- Resubmission Location: Former Highways Depot Derwent Street Cockermouth Recommendation: Approved

Summary/Key Issues

Issue Conclusion

Principal The principal of allowing public access through the gates on balance in considered acceptable Design and On balance the gate and screen and associated hand rails are Materials considered to be acceptable in terms of design and materials.

Proposal

The proposal relates to a retrospective application for a black colour powder coasted iron gate and screen that would be 3.3 m in width and 2.8 m in height and associated hand rails.

Site

The proposed gate would be between Woodville Park and Derwent Street, Cockermouth. The access point; for many years was boarded up prior to redevelopment of the site for housing and was an access point to the former Gas depot site. Recently public access was made available through the site which has been developed as a housing estate known as Woodville Park.

Relevant Policies

The National Planning policy Framework 2012

Allerdale Local Plan (part 1) adopted July 2014 S1 Presumption in Favour of Sustainable Development S2 Sustainable Development Principles S3 Spatial Strategy and growth S4 Design principles S5 Development Principles S22 Transport Principles

Page 41 S27 Heritage Assets S32 Safeguarding Amenity DM14 Standards of Good Design

Relevant Planning History

2/2015/0654 Application for screen withdrawn. 2/2012/0745 Reserved matters housing scheme was approved with an open pedestrian linkage with no gate but bollards were shown to restrict vehicle movements between Woodville Park and Derwent Street. The applicant has since stated that the bollards cannot be sited within the opening because of utilities within the locality.

Representations

Cockermouth Town Council - Out of character and unneighbourly. Environmental Health - No objections Cumbria Highways - No objections subject to planning condition Cockermouth Civic Trust - Objection due to visual barrier in a prominent position. The suggestions that bollards cannot be installed because of surface runs below the pavement is not valid. Cumbria Police - The gates should remain closed.

The application has been advertised on site and neighbours have been consulted. There have been 5 letters/ emails of objection expressing the following concerns:

- There should be no gate that impedes mobility scooters, push chairs and prams and is a safety hazard; - The path is steep and there are concerns about slip and trips; - The Local Authority should take responsibility for the access points; - A less obtrusive scheme should be considered like a low level structure; - The land up to the site is private land and therefore access can be denied by the land owner; - The large structure will need ongoing maintenance; - The opening of the gates is a sensible move in the right direction - There should be bollards.

There are 5 letters of support: - The gates are in keeping with the area; - Public access will be acceptable; - The gate gives a heightened sense of security and prevents access through cyclists and mobility scooters; - No objection as long as gates not locked; - Support for the public pedestrian access but the borough Council should have the liability.

Page 42 Local Financial Considerations

Having regard to S70 (2) of the Town and Country Planning Act there are no local financial considerations.

Assessment

There are conflicting opinions to whether the gate and screen are appropriate in terms of principle, design and materials for this residential locality that is adjacent to the Cockermouth Conservation area.

There is also conflict in terms of whether there should be public access through the gate or whether the gate should be locked. The approved scheme related to a pedestrian link with an ungated opening with a pathway and bollards (no pedestrian enclosure) and purchasers of Woodville Park houses bought the housing in knowledge of this. The maintenance and ownership of the pedestrian link along with the play area and nearby footpaths would be by a private management company associated with Woodville Park residents when the estate is complete.

Woodville Park residents are currently not in agreement about whether the pedestrian link should be blocked or open to the wider community. Furthermore Cumbria Police advise that the gates should be shut. Officers however note the footpath and gate are well overlooked by nearby housing, and there is on street lighting within the vicinity and as local residents have pointed out, crime within the locality is low.

There have been local objectors and supporters of the proposed scheme. The proposed scheme shows a path that would allow for public access to the adopted highway areas however the path is steep in parts but hand rails are proposed.

Allerdale BC Conservation Officer previously advised that a similar scheme for a screen was contrary to policy S4 of the Allerdale Local Plan 2014 because of its appearance and that the enclosure and would have a negative impact upon the character of the locality and the proposed large screen would look alien and inappropriate in the residential setting and distinctiveness of the location.

This scheme now proposes an unlocked gate and screen and hand rails although the proportions of the gate remain as currently erected, Officers must balance the visual impact of the current proposal with the sense of security that some of the residents of Woodville Park would like (as supported by Cumbria Police).

Officers therefore consider the unlocked gates are an appropriate

Page 43 compromise; with the retention of the public access through the gates and the associated footpaths to be secured by planning condition. The developer has confirmed that the Management Company will have a deed that sets out there will be public access as set out in area shown in red on drawing number 3404 79. Furthermore hand rails are also proposed.

Conclusion

The proposed unlocked gate within a screen, with associated hand rails is considered to be more neighbourly than a blocked screen. There have been some concerns about the height, proportions and the sense of enclosure of the housing estate due to the gate and screen and that there may be an adverse effect on the setting of the adjacent historic environment. Nevertheless, the proposed development would result in the retention of a public pedestrian link allowing connections between people and places and would provide for some sense of security and as such the scheme on balance is recommended for approval accordingly.

Page 44 Annex 1

Conditions/Reasons

1. The development hereby permitted shall be begun before the expiration of three years from the date of this permission. Reason: In order to comply with Section 91 of the Town and Country Planning Act 1990.

2. The development hereby permitted shall be carried out solely in accordance with the following plans: Drawing Street 3404 75 Location Plan Drawing 3404 77 Derwent Street gate as installed Drawing 3404 78 Indicative adoption plan Drawing 3404 79 Indicative adoption plan Drawing 3404 81 Screen/ gate as installed to Derwent Street Email received 24 February 2016 Drawing 3404 83 Hand rails received 2 March 2016 Reason: In order to ensure that the development is carried out in complete accordance with the approved plans and any material and non-material alterations to the scheme are properly considered.

3. Public pedestrian access shall be retained at all times through the gate/ screen and adjacent estate footpaths (as shown in red) to adopted highway areas as shown on drawing 3404 79 unless otherwise agreed in writing by the Local Planning Authority. Reason: In the interests of residential amenity and to promote integration between the estate in which it serves and existing development.

Proactive Statement

Retrospective applications

The Local planning Authority has acted positively and proactively in determining the application and averting the potentially necessity and expediency for pursuit of enforcement proceedings. The proposal was assessed against all material planning policies and representations that may have been received and subsequently determining to grant planning permission in accordance with the presumption in favour of sustainable development, as set out within the National Planning Policy Framework.

Page 45 Location Plan Page 46 Page Agenda Item 7

Allerdale Borough Council Planning Application 2/2016/0001

Proposed Alteration and extension to form additional bedroom, bathroom and Development: study/office and erection of porch. Location: 49 The Mount Papcastle Cockermouth Recommendation: APPROVE

Summary/Key Issues

Issue Conclusion

Residential Amenity It is considered that the proposal would not materially harm the amenity of the occupants of the neighbouring or adjacent properties. Scale, Siting and The proposal is considered appropriate in scale, design and would Design not adversely alter the appearance of the existing dwelling. Setting of The design and materials are considered to be acceptable for the Conservation Area conservation status of the locality. Highways No objections subject to condition being placed.

Proposal

Planning consent is sought for the erection of extension to incorporate additional utility to ground floor with W.C and additional 1 bedroom to the first floor with shower room and study room.

Site

The property is located on a residential estate with similar properties within the vicinity, some of which have been extended. The dwelling is essentially detached but with the existing garage attached to the adjoining dwelling. The property occupies a plot at the end of the cul-de-sac at a lower level than its neighbour and is enclosed on all sides with a fence/wall and boundary landscaping. The site is located within the conservation area, however the adjacent properties are not.

Page 47 Relevant Policies

National Planning Policy Framework Requiring good design Conserving and enhancing the historic environment

Allerdale Local Plan (Part 1) Adopted July 2014

Policy DM14 - Standards of Good Design Policy DM15 - Extensions and alterations to existing buildings and properties Policy S32 - Safeguarding amenity Policy S4 - Design principles Policy S27 – Heritage Assets

Relevant Planning History

2/2008/0494 - Two storey domestic extension to side of property and single storey extension to rear - Withdrawn

Representations

Parish Council – No objections, however concerns are raised to the closeness of the neighbouring property, potential undermining of the foundations to 51 during the build and access for maintenance to the gable ends of both properties will be severely limited. An extension to the other side would be less intrusive.

Cumbria Highways – No objections to the proposal providing that the condition is placed.

Environmental Health – No objections.

Conservation Officer – Would prefer for the first floor extension to be in line with the existing first floor rather than protruding forwards from it. This would allow the extension to be subservient to the existing building which is normally a fundamental principle of building extensions. The proposed extension will be the most eye catching part of the front elevation, The proposal could set an undesirable precedent. Consider the proposal does not meet S4, DM15 and S27 as it does not preserve or enhance the character or appearance of the conservation area but acknowledge that any harm is very small as the property is not prominent.

Neighbour Consultation

A site notice has been placed, a press article has been placed in the local newspaper and adjoining owners have been notified, following this two letters of support have been received stating that a significant number of houses on the Mount have been extended in this way without objection over the years and it does not spoil the overall look of The Mount as the houses were all originally built slightly different to make them individual.

Page 48 11 letters of objection have been received. Their main concerns are regarding dominant feature to front and rear, structural issues to number 51 The Mount, Party Wall Act has been avoided therefore the structural issues haven’t been fully addressed, design including height, crammed design and mass out of keeping with character of the area and would have an adverse effect on visual amenity of the area, overshadowing and loss of light to number 51, maintenance of the gable walls to both number 49 and 51 The Mount, does not contribute positively to the site and surrounding area in terms of visual amenity, loss of privacy to the rear , wind tunnel effect between the two properties and un-neighbourly development.

The application has been called in to development panel by Councillor Nicky Cockburn due to the visual impact that the proposal will have on the area and the siting/position which has caused upset and concern regarding overlooking and safety.

Main Issues:

Scale, Siting and Design

Planning consent is sought for the erection of an extension above the existing single storey garage which is linked onto the neighbouring property (51 The Mount). This will create a garage, utility with w.c /store and porch to ground floor. To the first floor there will be an additional bedroom, office study and shower room, installed within the shower room will be a window to the side elevation which will be 1m in length and 0.4m in height. This has been conditioned to ensure it will be obscure glazed to safeguard residential amenity to neighbouring properties.

The two storey element of the proposal will extend 1m forward of the principle elevation, have a width of 3.4m and length of 8.4m. The extension will extend beyond the existing garage to the rear by 2m therefore the proposed extension will be on-line with the existing dwelling. A number of concerns have been raised in that the proposal will be a dominant feature to both front and rear of the property, it is considered that although the proposal comes forward of the principle elevation it would not be a dominant feature to the existing dwelling or would not have an adverse effect on the visual amenity of the appearance of the area. The scale and massing of the proposal is considered to be appropriate for the location given it is not located within a prominent location.

As part of the proposal the applicant proposes to enlarge the existing porch, this will be 2.5m in length and come forward of the principle elevation by 1m, it will retain the flat roofed element which currently exists on the dwelling.

The amended materials are to be render to the external walls, tiles to the roof which match the existing property. The applicant also proposes to install UPVC windows which will be altering to grey in colour, the door will be timber which differs to the existing UPVC door, however these materials are all considered acceptable.

Concerns have been raised in connection with the consultation process in that not as many people were notified this time than the planning application in 2008. The consultation process has since altered, the adjoining owners have been notified

Page 49 along with the site notice and press notice and therefore it is considered the appropriate consultations have been carried out.

Residential Amenity

There has been a number of objections raised in connection with a numerous of issues, structural issues have been raised in connection with the proposal along with reference to the Party Wall Act. The extension has been designed so that the foundations and fixings will not require a party wall agreement. These issues are a civil matter and would be subject to Building Regulations Approval and the application cannot be refused on these grounds.

There has been concerns raised that the proposal will overshadow, provide loss of light, have an over-bearing and un-neighbourly affect to the neighbouring property. A further site visit was carried out from Number 51 The Mount to assess the potential issues raised, the proposed two storey element will extend out further than the existing single storey garage, however it is considered that the proposal will to some degree have a loss of light and overshadow the adjoining owner 51 The Mount, however it is considered this would not be significant enough to warrant refusal.

Concerns were raised in connection with the loss of privacy with the introduction of the first floor window, given the existing dwelling already benefits from two upper floor windows it is considered that the proposed window to the rear would not have a unacceptable effect as a result of overlooking, this is not uncommon within residential estates.

There have been a number of concerns in connection with the maintenance of the gable walls of both the proposal site and neighbouring property 51 The Mount. Additional information was received from the agent in which he confirmed that the render will be practical to be carried out, however this would be covered in the Party Wall Act and maintenance to the adjoining property will be covered and dealt with through civil law ensuring the neighbouring property can maintain their property. The wind tunnel effect and the safety implications were also mentioned; again the structural elements will be covered through the Building Regulations Approval and the application cannot be refused on these grounds.

This application is not unlike other domestic extensions of a similar nature that have been supported across the district.

Highways

Cumbria Highways have provided comments to enable the applicant to provide three parking spaces, following this the applicant has provided an amended block plan in which Cumbria Highways have now confirmed that they have no objections to the amended plan received and the surface water discharging onto the highway condition should be placed.

Page 50 Setting of Conservation Area

The application site is located within the conservation area. The conservation area ends at these properties. The properties on the opposite side of the road are not within the conservation area.

The application site is situated within a Conservation Area. Section 72 of the Planning (Listed Buildings and Conservation Areas) Act 1990 states that:

“In the exercise, with respect to any buildings or other land in a conservation area, of any powers under any of the provisions mentioned in subsection (2), special attention shall be paid to the desirability of preserving or enhancing the character or appearance of that area.’

The council therefore has a duty to have a special regard on developments which may affect the character or setting of a heritage asset. The Conservation Officer has expressed an opinion that the proposal does not enhance the character and opinion of the Conservation Area but acknowledges that the property is not prominent within the conservation area and any harm to the conservation area would be minimal. Officers have accounted for this as part of their assessment and concluded that given the modest scale of the proposal and the limited impact on the character and appearance of the conservation area the proposal can be supported.

The conservation officer has made comments in which there were concerns raised with design issues. However officers are in the view that given the 1970’s style of the properties it is considered the historic assets would not be significantly affected by the proposal. The architectural style of the location is modern and other properties on the street scene have been extended, albeit not above the linked garage.

The applicant originally sought consent for the upper floor level to be timber cladding, it was considered given this was located on the upper floor and within the conservation area it was considered this was an inappropriate material for this property and would affect the character of the conservation area and therefore amendments were received in which the timber cladding was removed and render to match the existing property is proposed.

The street is located on a steep hill, from viewing the properties from the top of the hill the proposal site is stepped back from the neighbouring property therefore obscuring the view of the proposal site. It is considered although the extension is to be built forward of the principle elevation given the staggered effect of the properties it is considered the modern design would provide a sensitive transition and therefore the proposal would not have a significant affect the character of the conservation area.

Conclusion

The proposal is considered appropriate in scale and design and would not adversely alter the appearance of the existing dwelling. It is considered that the proposal

Page 51 would not materially harm the amenity of the occupants of the neighbouring or adjacent properties or cause significant harm to the conservation area, it is therefore recommended that the application be approved.

Annex 1

Conditions/Reasons

1. The development hereby permitted shall be begun before the expiration of three years from the date of this permission. Reason: In order to comply with Section 91 of the Town and Country Planning Act 1990.

2. The development hereby permitted shall be carried out solely in accordance with the following plans: 15/0085/01 Site Location Plan 15/0085/04A - Ground Floor Plan (Amended Plan 5/2/2016) 15/0085/06A - Proposed Elevations (Amended Plan 11/2/2016) 15/0085/09A - Proposed Block Plan (Amended Plan 17/2/2016) 15/0085/01 First Floor Plan Reason: In order to ensure that the development is carried out in complete accordance with the approved plans and any material and non-material alterations to the scheme are properly considered.

3. Details of all measures to be taken by the applicant/developer to prevent surface water discharging onto or off the highway shall be submitted to the Local Planning Authority for approval prior to development being constructed above plinth level. Any approved works shall be implemented prior to the development being completed and shall be maintained operational at all times thereafter. Reason: In the interests of highway safety and environmental management.

4. Before the extension hereby approved is brought into use, the level 5 opaque glazing shall be inserted to the upper floor gable elevation and ground floor WC to rear, this shall be implemented and retained thereafter. The windows shall not be replaced or altered in anyway without the prior written consent of the Local Planning Authority. Reason: In the interests of mutual residential amenity in accordance with Policy S32 of The Allerdale Local Plan (Part 1) Adopted July 2014.

Proactive Statement

Application Approved Following Revisions

The Local Planning Authority has acted positively and proactively in determining this application by identifying planning policies, constraints, stakeholder representations and

Page 52 matters of concern within the application (as originally submitted) and where appropriate negotiating, with the Applicant, acceptable amendments and solutions to the proposal to address those concerns. As a result, the Local Planning Authority has been able to grant planning permission for an acceptable proposal, in accordance with the presumption in favour of sustainable development, as set out within the National Planning Policy Framework.

Page 53 Location Plan Page 54 Page Agenda Item 8

Allerdale Borough Council Planning Application 2/2015/0654

Proposed New dwelling Development: Location: Land At Dearham Row Dearham Maryport Recommendation: REFUSE

Summary/Key Issues

Issue Conclusion

Principle The proposal is located outside the designated settlement limits for Dearham. No essential need for the dwelling has been demonstrated. The proposal would therefore conflict with housing local plan policy. Access and Considered inadequate highway details concerning the highway visibility of the access junction and its road details Layout and scale Acceptable subjected to reduction in ground levels

Ecological Not considered to affect wildlife

Drainage Investigations indicate that mains drainage is only option

Coal Risk Coal Authority has withdrawn their initial objection

Residential Not satisfactorily addressed with potential adverse amenity Amenity issues

Proposal

The outline application seeks permission for the erection of a dwelling house; access layout and scale have been considered as part of the proposal. The application documents indicate the property is likely to be a dormer type dwelling.

Site

The proposed site is currently a vacant area with a double garage and is located beyond the settlement limit for this part of Dearham. The site is bounded by a public right of way to the front of the site, open countryside to the north east and south east and 3 residential properties to the north west.

Page 55 Relevant Policies

National Planning Policy Framework

Building a strong, competitive economy Meeting the challenge of climate change, flooding and coastal change Conserving and enhancing the natural environment Delivering a wide choice of high quality homes Requiring good design

Allerdale Local Plan (Part 1)

Policy S1 - Presumption in favour of sustainable development Policy S2 - Sustainable development principles (excluding highways) Policy S3 - Spatial Strategy and Growth Policy S4 - Design principles Policy S5 - Development Principles Policy S7 - A mixed and balanced housing market Policy S29 - Flood Risk and Surface Water Drainage Policy S32 - Safeguarding amenity Policy S35 - Protecting and enhancing biodiversity and geodiversity Policy DM12 - Sustainable Construction Policy DM14 - Standards of Good Design

Relevant Planning History

2/2015/0654 – Application for single dwelling – Withdrawn

Representations

Town Council – No objections provided that the land is within the settlement boundary for Dearham

Highways – Recommend that the application is refused on limited visibility at the junction with the public highway and has raised concerns in relation to the access, road construction and its effect on local traffic conditions and public safety.

United Utilities – no objections subject to the site being drained on a separate system with foul draining to the public sewer and surface water draining in the most sustainable way.

Environmental Health – No objections subject to conditions relating to on site contamination.

Rights of Way Officer - Access to the proposed development will be along the Public Right of Way (footpath) Number 226011.

Page 56 Where a public right of way is enclosed to either side the width of the footpath is deemed to be from boundary to boundary, as such pedestrian access must not be obstructed between the two boundaries during or after completion of the proposed development and vehicles using the path as part of a private right of access must give way to pedestrians using the path.

Coal Authority – Initially objected to the application and outlined that they had a fundamental concern with the development however on the submission of further information they have removed their objection.

The application has been advertised on site and neighbouring properties have been notified.

There has been 5 letters of objection which relate to:

 Would not be in compliance with policies within the local plan S3 and S32  Loss of privacy  Potential for overlooking  Potential overbearing impact and loss of outlook if fencing was erected at an elevated position  Potential to affect foundations of neighbouring garage  Overbearing impact of dwelling  The application site would not round off the existing dwellings  Parking could cause noise, pollution and dust day and night  The property would be clearly visible from various locations  Concerns in relation to drainage and ground stability  Issues with the highways and access  The lonning is poorly maintained  Visibility is poor at the junction  Vehicles park at the junction  Potential effects on pedestrians using lonning  Increase in traffic  The site is not within the defined settlement limits  The applicant owns a property on this lonning  Other houses are available in Dearham  Trees have been felled in the area  Effects on the character of the settlement  Difference in height of ground levels between proposed and existing.  Overshadowing  Loss of light  Issues with previous coal workings  Loss of view  Flooding within the area  There have been a number of incidents on the lonning/highway  Insufficient information relating to upgrading the access

Page 57 Assessment

Call in

The application has been called in by Councillor John Colhoun. The call in form states:

“There is considerable concern from nearby residents about the extent of this proposed development in the open setting”.

Principle of Development

Local Plan Policy S3 seeks to concentrate development within the towns and villages identified in the settlement hierarchy. Dearham is identified as a Local Service Centre within the settlement hierarchy.

The site is not located within the defined settlement limit for Dearham and therefore would not be supported under Local Plan Policy S3. Any development outside the defined settlements should only be permitted where it satisfies one of the stated criteria set out in this policy, which would include housing essential for rural workers, no attempt has been made to put forward an agricultural justification to demonstrate the essential need for the dwelling.

The applicant has also failed to demonstrate that the proposal would fall under any of the other exception criteria for dwellings located outside the areas identified within the settlement hierarchy.

The site is judged to be poorly related to the existing, traditional built form of Dearham and detached from the main built development of the village.

The dwellings opposite do not provide a connecting nucleus of residential development and the main village of Dearham at Row Brow.

The development of this site would be harmful to the appearance and distinctiveness of the traditional village form. The proposed development would only serve to add to modern sporadic development within the open countryside. The proposals would therefore be contrary to the development principles of Policy S4 and DM14.

The development is considered unsustainable and poorly related beyond the traditional built form of the village with no benefits that outweigh such harm. Policies S1, S2, S3, S4 and S5 of the Allerdale Local Plan are not satisfied and the core principles of the NPPF not satisfied.

In recent years planning permission has been granted for a number of housing developments within Dearham and the local planning authority has subsequently refused planning permission for further housing development, including development of a modest scale, because to permit further housing development in advance of the development of the Allerdale Local Plan – Part 2 (Site Allocations DPD) could lead to an imbalance within

Page 58 the Local Service Centre tier of the settlement hierarchy. As this proposal is for a single dwelling it is however considered that it is, in itself, unlikely to contribute significantly to an imbalance in the settlement hierarchy.

Scale

The applicant is proposing a two storey dwelling. The site is raised above the adjoining dwelling by approximately 1.3m making a two storey dwelling higher than the surrounding properties; however, the section plan indicates that the level of the ground would be reduced. The section plan shows the new dwelling would only be marginally higher than the existing property adjoining the site.

Residential Amenity

Officers have concerns that the garden area to the front of the proposed property could cause overlooking issues as there is no indication that the ground area would be reduced. There are currently direct views into the neighbouring property when stood on the site. Officers would not wish to see the current fence increased in height as this would be considered to have an overbearing impact on the neighbouring dwelling as the screen would need to exceed 2m in height from the ground level of the adjoining property which is approximately 3m away. The applicant indicates that the area is used at present and in the past however the level of use would significantly increase and change if a residential dwelling was constructed on the site.

Access and Highways

The proposed access to the site is by way of an existing access which is an unmade lane which serves a number of dwellings plus a large farm. The applicant has not included the visibility splays as part of the application, officers are concerned that the splays cross third party land and therefore visibility cannot be improved.

The highways authority have objected to the application as they consider that the proposed access is unsuitable to accommodate additional traffic due to the lanes restricted width, alignment of the public right of way and also the poor visibility at the junction onto the public highway which cannot be overcome as the land within the visibility is not within their control.

The access lane is a single track with no passing places it is highly likely that there could arise situations where vehicles entering and leaving the access road could come into conflict. There is the potential to lead to further situations where the entering vehicle stops mid-turn to allow the leaving vehicle to leave the site or having to reverse out onto the highway.

Officers consider that the highways objections cannot be overcome due to the limited visibility with the access lane and the highway; particularly, having regard to the recent appeal decision at Hollybank, Gilcrux where the inspector refused to grant a further dwelling with a similar access arrangement to this proposal.

Page 59 Drainage

The applicant has indicated that the site would be drained by of an existing watercourse and mains sewer; officers did not observe a watercourse on site.

The applicant has submitted a letter from a drainage consultant which outlines that United Utilities is under obligation to accept surface water into the combined sewer where no alternative receptor is available. They have identified that three options :

(1) Discharge into a trench style infiltration device in accordance with BRE Digest 365.

(2) Discharge to the tributary of Row Beck which is close to the site.

(3) Attenuate to 5 litres/second and discharge to the public combined sewer.

Further investigations have been undertaken and the ground was found to be unsuitable for a soakaway and there are no watercourses suitable for the disposal of surface water. A suitably worded condition can ensure that the scheme could be satisfactorily drained in terms of surface water and foul sewage.

Affordable Housing

The numbers proposed and site area of 0.05ha does not trigger the need for affordable housing. The proposal would not be classed as a rural exception site in terms of rural affordable housing.

Coal Risk Area

Part of the site and location of part of the dwelling are within a high risk coal area, the application initially was not supported by a coal mining risk assessment; however, this has now been supplied. The Coal Authority they have been re-consulted with the additional information and have withdrawn their initial objection.

Wildlife

It is considered that the development would not have a negative effect on any wildlife within the locality.

The loss of views and house value are not considered to be material planning considerations.

Local Financial Considerations

Having regard to S70 (2) of the Town and Country Planning Act the following local financial considerations are relevant to the determination of the application.

There will be benefits arising from the scheme through the New Homes Bonus scheme.

Page 60 Conclusion

It is considered that the proposals are poorly related to the settlement form with regard to the fragmented layout within the site as a whole. The visibility and standard of access is also considered to be inadequate for further housing development. The proposal therefore conflicts with a number of Local Plan policies.

Page 61 Annex 1

Conditions/Reasons

1. The applicant has failed to demonstrate the need for a dwelling outside of the settlements as defined in Policy S3 of the Allerdale Local Plan (Part 1). The proposed site is considered poorly related to the existing traditional built form of the village with adverse impact upon settlement character. There are considered no benefits that outweigh such harm contrary to Policies S1, S2, S3, S5 and DM14 of the Allerdale Local Plan (Part 1) and the core principles of sustainable development of the NPPF.

2. Inadequate information has been submitted to satisfy the Local Planning Authority that the proposal is acceptable in terms of effects on residential amenity of the adjoining property 5 Dearham Row. The proposal is therefore contrary to the National Planning Policy Framework and Policy S32 of the Allerdale Local Plan (Part 1), Adopted July 2014.

3. Inadequate information has been submitted to satisfy the Local Planning Authority that the proposal is acceptable in terms of: a) Access b) Road construction c) Effect on local traffic conditions and public safety The proposal is therefore contrary to the National Planning Policy Framework and Policy S4 and DM14 of the Allerdale Local Plan (Part 1), Adopted July 2014.

4. The increased use of the access onto the public highway, resulting from the proposed development would, by reason of limited visibility from and of vehicles using the access, be likely to result in additional danger to all users of the road. The proposal is therefore contrary to the National Planning Policy Framework and Policy S4 and DM14 of the Allerdale Local Plan (Part 1), Adopted July 2014.

Proactive Statement

The Local Planning Authority has acted positively and proactively in determining this application by identifying planning policies, constraints, stakeholder representations and matters of concern with the proposal and discussing those with the Applicant. However, the issues are so fundamental to the proposal that it has not been possible to negotiate a satisfactory way forward and due to the harm which has been clearly identified within the reason(s) for the refusal, approval has not been possible.

Page 62 Location Plan Page 63 Page This page is intentionally left blank

Page 64 Agenda Item 9

Allerdale Borough Council Planning Application 2/2015/0761

Proposed Demolition of existing dwelling and workshops and erection of two Development: detached dwellings Location: Fair View Winscales Workington Recommendation: APPROVE

Summary/Key Issues

Issue Conclusion

Principle of The provision of a single replacement dwelling in this location development accords with Local Plan policy whilst the provision of a second dwelling at the site raises some conflict with policy. The benefits of the proposal including the removal of the existing workshop buildings and the regeneration of the site as a whole with improved visual amenity and with no significant increase in the built form at the site are however considered to be material planning considerations weighing in favour of the proposed development and on balance it is considered that the proposal, taken as a whole, can be viewed favourably. Access Acceptable to the Highway Authority and Highways England with conditions regarding access parking and turning within the site. Drainage Acceptable as existing septic tank and watercourse with conditions for more detail I the avoidance of doubt and to assess any alternative means Landscaping Conditioned to achieve a traditional hedgerow means of enclosure

Reserved Matters All plans illustrative with reserved matters of layout, appearance, scale and landscaping yet to be considered in detail. Appropriate condition considered appropriate to limit footprint of buildings to that of existing site.

Proposal

Demolition of existing dwelling and workshops as part of an outline application for the erection of two detached dwellings with all matters reserved.

Site

The site comprises a vacant dwelling and a range of associated outbuildings on a large

Page 65 plot of land last associated with agriculture. The buildings are generally in a poor state of repair and detract from the visual amenity of the area.

There is a kennels business and pet crematorium near adjacent with an associated dwelling of restricted occupancy and a number of buildings.

The site is accessed via a public road with a junction with the A595 (T).

The site is beyond the Settlement Limit of Workington and in open countryside with an open aspect to the east. The setting is rural in nature with a landscape background of the National Park fells.

Individual properties and small dispersed groups of buildings are noted in the area with the most significant settlement of Winscales 790 metres to the west.

Relevant Policies

NPPF

Meeting the challenge of climate change, flooding and coastal change Conserving and enhancing the natural environment Delivering a wide choice of high quality homes Requiring good design Promoting healthy communities

Allerdale Local plan (Part 1) Adopted 2014

Policy DM14 - Standards of Good Design Policy DM17 - Trees, hedgerows and woodland Policy S1 - Presumption in favour of sustainable development Policy S2 - Sustainable development principles Policy S29 - Flood Risk and Surface Water Drainage Policy S3 - Spatial Strategy and Growth Policy S30 - Reuse of Land Policy S31 - Reuse of rural buildings and replacement of dwellings in the countryside Policy S32 - Safeguarding amenity Policy S33 - Landscape Policy S4 - Design principles Policy S5 - Development Principles Policy S7 - A mixed and balanced housing market

Relevant Planning History

None

Page 66 Representations

Parish Council – No objections in principle. Comment that the site is in an untidy state with a number of abandoned vehicles and scrap materials. Any development should be conditioned to remove them.

Highway Authority – No objection subject to standard access and parking conditions,

Highways England – The access to the site is from a trunk road. This authority has raised no objections.

Environmental Health – No objections subject to standard conditions regarding contamination.

The application has been advertised on site and adjoining landowners have been notified. One letter of objection has been received regarding.

Development not entirely on brownfield land with the second plot extending the development site.

Net gain in traffic movements likely to be more from two dwellings. Highway safety issues at the junction with the A595.

Advertisement

The application has been advertised as a ‘departure’ application. The consultation period ends on 25 March 2016.

Assessment

The principle of residential development at this location is to be assessed with regard to a replacement dwelling and an additional dwelling in the open countryside. Each element of the application is considered in turn and the proposals summarised as a whole as follows.

Replacement Dwelling

As a replacement dwelling in the open countryside for Plot 1, the application is subject to Policy S31 being an exception to Policy S3 that allows for qualifying residential development beyond settlement limits.

The existing two storey dwelling is of a poor state of repair but appears structurally sound and capable of renovation and re-use. As such it has a lawful use as a dwelling and policy guidelines dictates that a replacement dwelling of similar siting and design appropriate to the immediate setting can be supported.

The outline application has illustrated a siting within the existing curtilage similar to the existing dwelling and with a comparable footprint. With all matters reserved it is

Page 67 considered that a satisfactory standard of development can be achieved as a replacement dwelling using existing access and drainage.

Additional Dwelling

The outline plan illustrates a second plot beside the replacement dwelling to form a pair of detached dwellings.

Under normal circumstances there would be a requirement that the additional dwelling in the open countryside satisfied Policy S3 as an exception such as a dwelling with proven need for an agricultural worker. No specified exception within Policy S3 has been demonstrated by the applicant. The application for an additional dwelling is therefore contrary to Policy S3 and S5 of the Local Plan regarding the Council’s housing strategy for housing growth in sustainable settlements. To the extent that development plan policies are material to an application for planning permission the decision must be taken in accordance with the development plan unless there are material considerations that indicate otherwise. It is therefore necessary to consider whether there are any material planning considerations that indicate that planning permission ought to be granted.

The applicant has put forward a case as a departure to the adopted housing policies. He maintains that the site as a whole including the range of outbuildings is in a poor state of repair with adverse impact on local visual amenity and with wider landscape impact and with open views from the A595.

The applicant has offered justification for the development of the second dwelling as a brownfield site with the net gain of the two dwellings no more than the total footprint of the existing buildings at the site. The dimensions provided as evidence are as follows.

Existing Workshops 226m2

Existing Dwellinghouse 124.7m2

Total footprint is 350.7m2

Each dwelling as shown on the layout, including the garage, has a footprint of : 155m2.

(Proposed dwelling 112.5m2 plus garage 42.5m2)

Total footprint of two dwellings including garages will be 310m2. This is based on an indicative layout submitted with the application which indicates how the site may be development but is not submitted for formal approval at this stage.

It is suggested therefore that the built form will not exceed that of existing buildings with a resulting domestic use that will potentially have less impact upon the access and with general environmental improvements. With regard to the NPPF it is suggested that there will be benefits from the redevelopment that would outweigh any harm.

The applicant has provided an amended plan to demonstrate a more compact arrangement of two dwellings with a road frontage sited as to compare with the existing footprint of buildings at the site. The applicant maintains that the sustainable principles of

Page 68 development will be met with the construction of two dwellings designed to a high standard, embracing optimum levels of efficiency and alternative forms of energy thus complying with the NPPF and Policy S2.

Paragraph 55 of the NPPF is considered of weight regarding housing in the open rural locations and is quoted as follows…’ Local planning authorities should avoid new isolated homes in the countryside unless there are special circumstances such as where the development would re-use redundant or disused buildings and lead to an enhancement to the immediate setting.’

Whilst acknowledging that this proposal involves the replacement, rather than re-use of the existing workshop buildings, given the extent of the footprint of these buildings it is considered that the presence of these buildings and the enhancement of the site and its immediate setting that will result from their replacement is capable of being considered as a material consideration weighing in favour of the development.

This is largely a subjective judgement, but on balance, considering the compact layout, wider policies of environmental and landscape improvement, it is considered that development of this brownfield site offers environmental benefits, and the proposals as a whole offers some benefit in terms of sustainable and can be supported as a departure to the Local Plan. This assessment is based on the consideration of the merits of this particular site and proposal and should not be viewed as setting a precedent more generally in support of development outside the defined settlement limits.

Given the nature of the material considerations weighing in favour of the proposed development it is considered that the footprint of the proposed dwellings should not exceed that of the existing development of the site and this should be secured by planning condition. It is also proposed to restrict the permitted development rights available to the proposed dwellings so that the local planning authority can retain control over future extensions and curtilage buildings that may increase the visual impact of the development in the future.

Access

The access from the public highway is acceptable to the Highway Authority with private driveways to the development and adequate parking and turning. Highways England has not responded at the time of writing. The junction to the A595 is however substantial and well-engineered. The use of the existing dwelling carries significant weight and any increased traffic movements are not considered to be significant or pose a highway danger.

Landscaping

Although a reserved matter, it is considered that a condition is appropriate to achieve a means of enclosure of traditional hedgerow in the interests of landscape setting.

Drainage

The existing private drainage arrangements of septic tank are to be retained with appropriate capacity for two dwellings claimed by the applicant. Surface water drainage

Page 69 will be as the existing scheme to the watercourse. In the avoidance of doubt and to allow alternative methods of drainage, the drainage of the site is to be conditioned. The site is not in a flood zone.

Residential Amenity

As a detached site there are no matters of adjacent residential amenity to consider.

Parish Council Representations

The Parish Council does not object in principle. The comments of scrap vehicles and other materials has been investigated. Vehicles have been noted outside of the development site with some recent removal. As such any remaining vehicles at the site, on the public highway and in the field beyond the development site are not a material consideration. The Parish council wishes a general improvement to the site in terms of visual amenity which this development would bring.

Local Financial Considerations

Having regard to S70 (2) of the Town and Country Planning Act. There are considerations with regard to the New Homes Bonus Scheme resulting in the provision of a net additional dwelling.

Recommendation

Whilst Local Plan policy would normally only support the provision of a single replacement dwelling it is considered that, on balance, and having regard to the other material planning considerations relating to the extent of the workshop buildings that will be replaced, the benefits associated with the regeneration of the site as a whole with improved visual amenity and no significant increase in the built form at the site it is considered that the development, taken as a whole, can be supported.

If Members are minded to approve the application it would be subject to no new issues being raised in the outstanding consultation period following the advertisement of the application as a departure.

Page 70 Annex 1

Conditions

1. Before any works commence details of the layout, scale and appearance, access and landscaping (hereinafter called 'reserved matters') shall be submitted to and approved by the Local Planning Authority. Reason: The application has been submitted as an outline application, in accordance with the provisions of the details of the Town and Country Planning (Development Management Procedure) Order 2015. 2. The development hereby permitted shall be carried out in accordance with the following plans: 15.48 LOC Location Plan (amended plan 2/2/2016) Reason: In order to ensure that the development is carried out in complete accordance with the approved plans and any material and non-material alterations to the scheme are properly considered. 3. The submission of all reserved matters applications shall be made no later than the expiration of 3 years beginning with the date of this permission and the development shall begin no later than whichever is the later of the following dates: a) The expiration of three years from the date of the grant of this permission, or b) The expiration of two years from the final approval of the 'reserved matters' or, in the case of approval on different dates, the final approval of the last such matter to be approved. Reason: In order to comply with Sections 91 and 92 of the Town and Country Planning Act 1990. 4. The submission of the reserved matters regarding layout and landscaping under condition 1 shall include details of a boundary treatment of indigenous hedgerow species. The hedgerow shall be planted as approved and maintained thereafter. The hedgerow shall not be removed or replaced without the prior written consent of the Local Planning Authority. Should any part of the hedgerow become diseased or damaged it shall be replaced with the same species. Reason : In order to achieve an appropriate means of enclosure at this rural location in the interests of enhancing the site and minimising landscape impact. 5. Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 2015 (as amended) no buildings, structures, extensions, fences, gates, walls or other means of enclosure shall be erected within the curtilage of any dwelling without the prior written approval of the Local Planning Authority upon an application submitted to it. Reason: The Local Planning Authority wishes to retain control over any proposed alterations/extensions in the interests of the appearance of the site. 6. Before development commences, details of the surface water drainage works, including any attenuation measures to demonstrate no greater run-off than that of the existing site shall be submitted to and approved in writing by the Local Planning Authority. The approved scheme shall be fully implemented prior to the occupation of any of the dwellinghouses hereby approved. Reason: To ensure a satisfactory means of surface water drainage and minimise the risk of flooding from the development in comparison to an assessment of its existing

Page 71 undeveloped state, in compliance with the National Planning Policy Framework and Policies S29 and S2 of the Allerdale Local Plan (Part 1), Adopted July 2014. 7. Before development commences full details of the siting and capacity of the existing private septic shall be submitted to the Local Plannimng Authority and approved in writing. Alternatively details of other appropriate means of foul drainage shall be provided and approved in writing by the Local Planning Authority. Reason: To ensure a satisfactory means of foul water drainage and minimise the risk of flooding in compliance with the National Planning Policy Framework and Policies S29 and S2 of the Allerdale Local Plan (Part 1), Adopted July 2014. 8. The submission of the reserved matters regarding layout under condition 1 shall demonstrate a total proposed footprint of all buildings (including garages) no greater than the footprint of all existing buildings at the site being a maximum of 350.7 square metres. Reason : In order to achieve a satisfactory standard of developemt with minimal impact impact upon the site and surrounding landscape. 9. No development approved by this permission shall commence until a desktop study has been submitted to and approved by the Local Planning Authority. Should the preliminary risk assessment identify any potential contamination which may affect human health, controlled waters or the wider environment, all necessary site investigation works within the site boundary must be carried out to establish the degree and nature of the contamination and its potential to pollute the environment or cause harm to human health. The scope of works for the site investigations should be agreed with the Local Planning Authority prior to their commencement. Reason: To minimise any risk during or post construction works arising from any possible contamination from the development to the local environment, in compliance with the National Planning Policy Framework and Policy S30 of the Allerdale Local Plan (Part 1), Adopted July 2014. 10. Should land affected by contamination be identified under the desk top study under condition 9 be found which poses unacceptable risks to human health, controlled waters or the wider environment, no development shall take place until a detailed remediation scheme has been submitted to and approved in writing by the Local Planning Authority. The scheme must include an appraisal of remediation options, identification of the preferred option(s), the proposed remediation objectives and remediation criteria, and a description and programme of the works to be undertaken including the verification plan. Reason: To minimise any risk during or post construction works arising from any possible contamination from the development to the local environment, in compliance with the National Planning Policy Framework and Policy S30 of the Allerdale Local Plan (Part 1), Adopted July 2014. 11. Should a contamination remediation scheme be required under condition 10 the approved strategy shall be implemented and a verification report submitted to and approved in writing by the Local Planning Authority, prior to the development (or relevant phase of development) being brought into use. Reason: To minimise any risk during or post construction works arising from any possible contamination from the development to the local environment, in compliance with the National Planning Policy Framework and Policy S30 of the Allerdale Local Plan (Part 1), Adopted July 2014.

Page 72 12. In the event that contamination is found at any time when carrying out the approved development that was not previously identified it must be reported immediately to the Local Planning Authority. Development on the part of the site affected must be halted and a risk assessment carried out and submitted to and approved in writing by the Local Planning Authority. Where unacceptable risks are found remediation and verification schemes shall be submitted to and approved in writing by the Local Planning Authority. These shall be implemented prior to the development (or relevant phase of development) being brought into use. All works shall be undertaken in accordance with current UK guidance, particularly CLR11. Reason: To minimise any risk arising from any possible contamination from the development to the local environment in compliance with the National Planning Policy Framework and Policy S30 of the Allerdale Local Plan (Part 1), Adopted July 2014.

Proactive Statement

Application Approved Following Revisions

The Local Planning Authority has acted positively and proactively in determining this application by identifying planning policies, constraints, stakeholder representations and matters of concern within the application (as originally submitted) and where appropriate negotiating, with the Applicant, acceptable amendments and solutions to the proposal to address those concerns. As a result, the Local Planning Authority has been able to grant planning permission for an acceptable proposal, in accordance with the presumption in favour of sustainable development, as set out within the National Planning Policy Framework.

Page 73 Location Plan Page 74 Page Agenda Item 10

Allerdale Borough Council Planning Application 2/2016/0023

Proposed Erection of detached house (Resubmission of 2/2015/0466) Development: Location: Land Adjacent To Westnewton Hall Westnewton Aspatria Recommendation: APPROVE

Summary/Key Issues

Issue Conclusion

Principle of The erection of a single dwelling on this site is considered to Development comply with Policy S3 of the Allerdale Local Plan. The criteria of Policy S5 has also been met. The Character of Officers consider the proposal will not result in a significant loss the Conservation of visible green to the village, with views retained past the Area dwelling to the open fields retaining the green backdrop of the village and the agricultural character of the Conservation Area. The Setting of The revised siting of the proposed dwelling which will create a Westnewton Hall larger separation distance from the Listed Hall compared to the previous application which was refused planning permission and will not result in a harmful effect on the setting of the Listed Hall. Design The revised house design which achieves a more simplistic front elevation is considered acceptable and will not detract from the character of the Conservation Area or the nearby Listed Building. Amenity The amenity of existing dwellings and that of the occupiers of the proposed dwelling will be protected in line with Policy S32 of the Allerdale Local Plan (Part 1).

Proposal

The applicant seeks consent for the erection of a two storey detached dwelling. The dwelling will comprise of a kitchen, dining room, lounge, playroom, utility/toilet and garage at ground floor, with 5 bedrooms (2 en-suite, 1 with dressing room) and a bathroom at first floor level.

The footprint of the dwelling is approximately 134 square metres, resulting in an overall usable floor space of 258 square metres. The building will measure

Page 75 approximately 15.75m in length x 10.125m at its widest point x 7.8m to ridge, 4.7m to eaves. The roof height over the garage is 6.58m to ridge, eaves height 3.25m.

The dwelling has not been applied for in connection with any farming business.

Site

Westnewton, set in a gently rolling countryside, is laid out in linear form along a main street and stream that runs through the village. The varied properties along the street are set out informally, but generally face the street, and a spacious feeling is created by generous grass verges alongside the street and stream. The farms in the village are interspersed along the main street with other properties, including farm-workers cottages and more modern houses and bungalows.

The application site lies in the centre of the village of Westnewton and forms part of Westnewton Conservation Area. The proposed dwelling is to be sited in a field to the rear of two existing bungalows, with Westnewton Hall which is a Grade II listed building and agricultural buildings to the west, residential dwellings to the east and to the north open agricultural land.

Relevant Policies

National Planning Policy Framework Building a strong, competitive economy Conserving and enhancing the natural environment Conserving and enhancing the historic environment Facilitating the sustainable use of minerals Delivering a wide choice of high quality homes Requiring good design

Policy S1 - Presumption in favour of sustainable development Policy S2 - Sustainable development principles Policy S3 - Spatial Strategy and Growth Policy S4 - Design principles Policy S5 - Development Principles Policy S27 - Heritage Assets Policy S29 - Flood Risk and Surface Water Drainage Policy S32 - Safeguarding amenity Policy DM14 - Standards of Good Design

Relevant Planning History

2/2015/0466 Application for proposed detached dwelling – Refused at Development Panel October 2015 on the following grounds:

1. The proposed development by virtue of its siting and design would be harmful to the character of the village and the setting of Westnewton Hall Grade II Listed

Page 76 Building. The proposal would neither preserve or enhance the character or appearance of the Conservation Area and Listed Building and is therefore contrary to the National Planning Policy Framework Chapters 7 and 12 and Policy S4, S5 and S27 of the Allerdale Local Plan (Part 1), Adopted July 2014.

2. The Local Planning Authority considers that the future occupiers of the proposed development would suffer a poor standard of residential amenity by way of the proximity of the dwelling to the agricultural buildings to the west of the site contrary to the National Planning Policy Framework Chapter 11 and policy S32 of the Allerdale Local Plan (Part 1), Adopted 2014.

Representations

Westnewton Parish Council – No objections.

Cumbria Highways – No objections. Should the applicant seek to serve further dwellings from this access in the future then improvements will need to be made to its width, construction and access arrangements.

Environment Agency – Flood Risk Standing Advise should be applied.

Environmental Health – Subject to the section 106 agreement being signed to ensure that no livestock are housed or slurry stored within 36m of the building curtilage, Environmental Health would have no objections or other comments to add.

Fire Officer – No reply to date.

The application has been advertised on site and in the local press. Adjoining owners have been notified.

No representations have been received to date.

Main Issues:

Principle of development

The policy framework for the supply of housing within the plan area is set out in Policy S3 - Spatial Strategy. Westnewton, along with a number of other villages, is identified as an Infill/Rounding Off Village in tier 5 of the hierarchy. Tier 5 villages together with those in tier 4 are expected, in accordance with Policy S3, to accommodate sites for 6% of the new dwellings required in the period up to 2029.

The historic development pattern of Westnewton has created an apparently ad-hoc layout with, in most parts, no obvious building line. This layout has derived mainly from the many farms that made up the village and the piecemeal development of the farm buildings around. As such, officers consider the development of the site would constitute an infill development in line with Policy S3 and would not object to the principal of building a single dwelling on the site.

Page 77 The Character of the Conservation Area

The application site is situated within a Conservation Area. Section 72 of the Planning (Listed Buildings and Conservation Areas ) Act 1990 states that:

“In the exercise, with respect to any buildings or other land in a conservation area, of any powers under any of the provisions mentioned in subsection (2), special attention shall be paid to the desirability of preserving or enhancing the character or appearance of that area.’

The council therefore has a duty to have a special regard on developments which may affect the character or setting of the listed building or Conservation Areas. This development does not directly affect the listed premises but is within its locality and setting. It will directly affect the Conservation Area. Officers have accounted for this as part of their assessment.

The Westnewton Conservation Area Appraisal (adopted in 2009) identifies with other aspects the following as positive characteristics of the village:

- Its distinctly agricultural character derived from the predominance of farm buildings and farm workers cottages. - Its close containment with, and containment within, the cultivated fields of the valley sides. - The combination of dwellings with gardens, paddocks and farmyards, resulting in a generously spaced and informal arrangement of buildings. - A high proportion of traditional buildings retaining their original characteristics of simple rectangular forms. A sense of enclosure, physical self-containment and rural tranquillity.

The Conservation Officer considers that an important attribute and constituent of many of the above characteristics, is the fact that in front, between and behind many of the buildings are green spaces, and green fields. The fields that surround and enclose the village provide a backdrop to the village and provide the visual evidence of its agricultural and valley setting. The Conservation Officer considers it is the variety of green spaces that provides much of the agricultural character and sense of containment, spaciousness and rural tranquillity identified as positive features in the character appraisal.

The Conservation Officer is concerned that the location of a house on the proposed site would lead to a loss of part of this visible green backdrop to the village, which will dilute the agricultural character and the sense of spaciousness of the village, as well as diluting the (currently large) proportion of high quality buildings of traditional architecture.

Planning Officers however, feel that the proposal would not result in a significant loss of visible green to the village. The grassed area to the east of the bungalows would remain with views along this stretch of the proposed site and the access lane between the existing bungalow Alberta and Westnewton Hall which will both look past the dwellings to the open fields retaining the green backdrop of the village.

Page 78 Planning officers therefore consider the development of this site will not result in an unacceptable impact on the Character of the Conservation Area.

The Setting of Westnewton Hall

The application site is situated within a Conservation Area and is adjacent to the Grade II Listed building “Westnewton Hall”.

Section 66 of the Planning (Listed Buildings and Conservation Areas ) Act 1990 states:

“In considering whether to grant planning permission for development which affects a listed building or its setting, the local planning authority or, as the case may be, the Secretary of State shall have special regard to the desirability of preserving the building or its setting or any features of special architectural or historic interest which it possesses.”

Westnewton Hall is a large, classically proportioned, symmetrical house with simple but delicate detailing. In officers opinion the setting of the Hall is a part of its historic significance. It is considered that its setting derives from two main aspects. The first is its central location within the village and the fact that it is set back from the road with a large front garden, with well detailed and delicate ashlar walls, gate piers and gate to the front. This shows that the House was owned by wealthy people who, presumably, had considerable status and importance in Westnewton. The second aspect is its agricultural setting, derived from its adjoining barn to the west and the visible farmland to the east.

To some extent, its prominence has been compromised by the bungalows to its east. However, these are single storey and on land which is of approximately the same height, and therefore do not significantly visually compete with the Hall and agricultural land is still visible behind them, so the conservation and planning officers do not feel that the bungalows notably damage the agricultural setting of the Hall.

The siting of the proposed dwelling has be altered as part of this revised application and the proposed dwelling is now to be sited to the northeast of the site creating a separation distance of 31m from the Listed Building. The revised location will allow the visible agricultural land which currently contributes to its setting to remain which was to be lost as part of the previous application.

The proposed two storey dwelling is to be sited to the rear of bungalows with the land level slightly sloping upwards from the bungalows to the rear of the site. The Conservation Officer would prefer the dwelling be located further forward on the site and therefore lower down on the site so that it is far less prominent. This is not viable due to the constraints of the site which if the dwelling was moved forward it would be sited within a Flood Zone 2 and 3 and impact on the privacy of the existing bungalows to the front.

The agent has provided a section running through the site that shows the proposed dwelling in line with the existing bungalows and Listed Building along with a section

Page 79 along the road frontage. The roof of the proposed dwelling will be visible from the frontage but due to its traditional materials of slate and the separation distance from the Listed Building this is not considered to adversely affect the character of the Conservation Area or the setting of the Grade II Listed Building. The agent is proposing landscaping be planted along the rear boundaries of the existing bungalows. The Conservation Officer has stated that if the dwelling cannot be re-sited then a suitable hedge or other landscaping treatment along the side boundary to the access into the site would assist in providing some mitigation measures to obscure the dwelling from the main road and listed Building. This can be secured via condition.

Officers consider the revised siting of the dwelling will not result in a harmful effect of the setting of the Listed Building. To protect the setting of the Hall in the future officers consider it is beneficial to remove permitted development rights, therefore resulting in any extension/alteration to the dwelling or erection of a building within the curtilage of the proposed property will require planning permission.

Design

The proposed dwelling would be constructed in reclaimed sandstone and smooth K render (grey) finish under a reclaimed slate roof with a stone ridge and the windows are to be Rehau ‘Heritage’ sliding sash upvc with timber hardwood doors.

The proposed design is of traditional materials. The dwelling has been handed from that which was previously considered resulting in a more simplistic front elevation. The window proportions and door designs have been amended to that of a traditional nature found in historic rural villages. Officers consider the revised design of the dwelling will not detract from the character of the Conservation Area.

Amenity

The proposed two storey dwelling will be sited to the rear of two existing bungalows. A separation distance of 33m has been achieved between the proposed property and the rear façade of the existing bungalows. The applicant is also proposing new screening be planted along the south boundary dividing the site from the bungalows.

Officers consider an appropriate separation distance from existing properties to the east and south has been achieved with acceptable screening proposed to protect the amenity of the existing bungalows.

Operational farm buildings are located 31m to the west of the proposed dwelling lying to the rear of Westnewton Hall. There are currently no restrictions on the use of the buildings and they can be potentially used to house livestock or store slurry.

Environmental Health Officers recommend a minimum separation distance of 36m from the curtilage of new residential dwellings to existing livestock buildings to protect the amenity of the proposed residential development.

The agent has located the dwelling the east of the site further away from the farm buildings. A number of agricultural buildings lie to the rear and west of Westnewton Hall. Existing residential dwellings surrounding the site do not maintain a separation

Page 80 distance of 36m from there curtilage to the nearest agricultural building. Therefore officers do not consider it necessary to achieve this buffer on this application. However given the close proximity of the dwelling and its proposed curtilage (only separated by an access lane) from the agricultural buildings to the west it is considered these may impact on the amenity enjoyed by the proposed dwelling.

The applicant owns the agricultural building to the east of the proposed dwelling. He is happy to enter into a Section 106 agreement to restrict the use of the existing agricultural buildings to the northwest of the site so they cannot be used to house livestock or store slurry. This will result is a separation distance from the dwelling to the nearest agricultural building that could house livestock/store slurry to 31m. Officers consider this will safeguard the amenity of the occupiers of the proposed dwelling in line with Policy S4 and S32 of the Allerdale Local Plan (Part 1), Adopted July 2014 and will achieve a separation distance in line with other properties in the village.

Access and Parking

Access to the site will be gained from the highway along an existing access lane between Westnewton Hall and Alberta. Existing gate stoops into the site itself will be utilised with a drive and turning area to the front of the house constructed leading to the garage. The site will allow for adequate parking for the property and in-site turning area.

The Highways Authority has raised no objections to the proposal from a highway point of view and requires no works to be carried out to the access lane.

Flooding

The levels of the land gradually slope upwards from south to east, resulting in different parts of the site falling with Flood Zone 1, 2 and 3. The siting of the dwelling itself and the land to the rear all fall within Flood Zone 1 the lowest risk of flooding. The front garden and access lane fall mostly within Flood Zone 3.

The Environment Agency has made no comments on the application and refers to their standing advice. Given the fact that the siting of the dwelling is within Flood Zone 1 officers have determined that there is not a requirement for this development to carry out a sequential test or exemption test.

Officers are satisfied that the proposal is acceptable in terms of flooding.

Other Issues:

Drainage

The foul drainage from the dwelling will be via the mains sewer with surface water discharged via soakaways. Officers consider the drainage proposal to be acceptable and a condition could be attached require full details of the surface water design to be provided.

Page 81 Local Financial Considerations

Having regard to S70 (2) of the Town and Country Planning Act 1990 (as amended) the proposal could attract ‘New Homes Bonus’.

Conclusion

The dwelling would be located within the existing settlement limit of Westnewton constituting an infill development in line with Policy S3 of the Allerdale Local Plan (Part 1). Officers considered the revised siting and design of the proposed dwelling overcomes the first reason for refusal of application 2/2015/0466. The proposal will achieve a satisfactory development within Westnewton Conservation Area and will not harm the setting of the adjacent Westnewton Hall.

The signing of the planning obligation to restrict the use of the agricultural buildings to the northwest will provide a satisfactory amenity to the proposed dwelling in line with Policy S32 and overcome the second reason for refusal on application 2/2015/0466.

Therefore overall the grounds of refusal on the former application have been overcome and consequently officers recommend approval for the revised amended scheme subject to the aforementioned S106 planning obligation and the following planning conditions.

Page 82 Annex 1

Conditions/Reasons

1. The development hereby permitted shall be begun before the expiration of three years from the date of this permission. Reason: In order to comply with Section 91 of the Town and Country Planning Act 1990.

2. The development hereby permitted shall be carried out solely in accordance with the following plans: WO-03A-07-15 Rev A - Proposed Elevations, Block Plan & Location Plan (amendment received 17 February 2016) W0-04A-07-15 Rev A - Proposed Floor Plans & Sections (amendment received 17 February 2016) Reason: In order to ensure that the development is carried out in complete accordance with the approved plans and any material and non-material alterations to the scheme are properly considered.

3. The dwelling hereby approved shall not be occupied until the vehicular access, parking and turning requirements have been constructed in accordance with the approved plan and have been brought into use. The vehicular access, parking and turning provisions shall be retained and capable of use at all times thereafter and shall not be removed or altered without the prior consent of the Local Planning Authority. Reason: To ensure a minimum standard of access, parking and turning provision when the development is brought into use.

4. No part of the development hereby permitted shall be built above plinth level until there has been submitted to and approved by the Local Planning Authority a scheme of hard and soft landscaping which shall include indications of all existing trees and shrubs on the site, and details of any to be retained, together with measures for the protection in the course of development. All planting, seeding or turfing comprised within the scheme shall be carried out in the first planting season following completion of the development, and any trees or plants which within a period of 5 years from the completion of the development die, are removed or become seriously damaged or diseased shall be replaced in the next planting season with other similar size and species, unless otherwise agreed in writing by the Local Planning Authority. Reason: In order to enhance the appearance of the development and minimise the impact of the development in the locality.

5. Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) Order 2015 (as amended) (or in any Statutory Instrument revoking or re-enacting that Order with or without modification) no development falling within Class(es) A-E of Part 1 of Schedule 2 of the said Order shall be carried out without the prior written permission of the Local Planning Authority upon an application submitted to it. Reason: The Local Planning Authority wishes to retain control over any proposed

Page 83 alterations/extensions in the interests of the appearance of the site and safeguard the amenities of adjacent properties.

6. Prior to the commencement of works, details of the surface water drainage works, including any attenuation measures to demonstrate that no greater run off rate than the existing greenfield site shall be submitted to and approved in writing by the Local Planning Authority. The approved scheme shall be fully implemented prior to the occupation of any of the dwellinghouses hereby approved. Reason: To ensure a satisfactory means of surface water drainage and minimise the risk of flooding from the development in comparison to an assessment of its existing undeveloped state, in compliance with the National Planning Policy Framework and Policies S29 and S2 of the Allerdale Local Plan (Part 1), Adopted July 2014.

Proactive Statement

Application Approved Following Revisions

The Local Planning Authority has acted positively and proactively in determining this application by identifying planning policies, constraints, stakeholder representations and matters of concern within the application (as originally submitted) and where appropriate negotiating, with the Applicant, acceptable amendments and solutions to the proposal to address those concerns. As a result, the Local Planning Authority has been able to grant planning permission for an acceptable proposal, in accordance with the presumption in favour of sustainable development, as set out within the National Planning Policy Framework.

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